Xu Aiguo, a well-known domestic expert in Anglo-American law and a professor in Peking University, pointed out that for many years, the main targets of the "337 Survey" were emerging countries with rapid economic growth. In 197s and 198s, both Japan and China and Taiwan Province became the main targets of "337 investigation" because of their serious trade deficit with the United States. However, Japanese and Taiwan Province enterprises gradually strengthened their overseas applications for intellectual property rights, and gradually learned about the rules of intellectual property protection in the United States. Instead, they became active defenders of their own intellectual property rights in the United States. Professor Xu believes that it is the "only correct way" for China compatible consumables enterprises to overcome the intellectual property disputes such as the "337 investigation" by taking various means in line with the "rules of the game" of international competition on the basis of respecting the intellectual property rights of others.
At the Global Intellectual Property and Innovation Forum held not long ago, Zhao Zhenge, Vice Minister of the International Liaison Department of the China Council for the Promotion of International Trade, revealed to the media that since China joined the WTO, the amount of compensation paid by China enterprises for intellectual property disputes has exceeded US$ 1 billion. Du Dazhi, US Deputy Secretary of Commerce and Director of the Patent and Trademark Office, announced that after sending an intellectual property commissioner to Beijing, the United States will send an additional intellectual property commissioner to Guangzhou this year to promote intellectual property protection in China. Recently, at a public meeting, Lou Qinqin, Vice Minister of the Ministry of Information Industry, also commented on the detention of Huaqi and other companies participating in German exhibitions, calling on China enterprises to learn to make good use of international rules and strengthen their awareness of respecting intellectual property rights. The reality shows that while the US government is further strengthening the protection of intellectual property rights, the China government and industry are gradually realizing that only by strengthening the innovation ability and observing the international "rules of the game" to protect intellectual property rights can we really gain real strength in the international intellectual property disputes such as the "337 investigation".
"competition concept" and "risk awareness" were emphasized by Zhao Wen, member of Chinese People's Political Consultative Conference and vice mayor of Shanghai, in an interview with China Intellectual Property News on March 1th.
At this year's National People's Congress, Zhao Wen submitted a number of proposals related to intellectual property work, such as "Proposal on Education and Knowledge Training for Cadres on Intellectual Property Situation" and "Proposal on Accelerating the Establishment of Intellectual Property Review Mechanism for Major Economic Activities in China". As the city leader in charge of intellectual property work in Shanghai, in recent years, Zhao Wen has witnessed the rapid development of intellectual property in Shanghai, but also paid special attention to the situation that some regions or enterprises in China have fallen into the "patent trap" and infringement litigation because of the lack of effective early warning and countermeasures.
"It is urgent to raise cadres' awareness of the international intellectual property competition situation, establish competition concepts, raise risk awareness, establish an intellectual property review mechanism for major economic activities as soon as possible, and promote strategic transformation and scientific development." Inside and outside the venue of this year's National People's Congress, Zhao Wen kept drumming and shouting for this.
Team training:
Raising cadres' awareness of intellectual property rights
When talking about the problems in the process of innovation-driven and transformational development in China, Zhao Wen said with concern that some cadres in the economic and scientific fields have insufficient understanding of the intellectual property situation, which needs to be solved urgently. "In major foreign-related projects, the awareness of technical competition is weak, and they are not good at optimizing innovative ideas by using technical competitive information such as open patent documents. These phenomena still occur from time to time in some parts of China." Zhao Wen said.
after careful investigation and combining with her accumulated experience in daily work, Zhao Wen put forward specific measures to "start classes" for cadres: "We should establish a cadre intellectual property training mechanism with China National Intellectual Property Administration and other departments as the main body, and cover middle-level and above cadres in the economic field, science and education field, scientific and technological workers and leading cadres in enterprises when formulating intellectual property training plans." At the same time, Zhao Wen also suggested to build an educational network based on administrative colleges at all levels and with the rule of law propaganda as the main line; Compiling educational programs and teaching materials focusing on international intellectual property competition situation, potential risks and attack and defense strategies; Establish a team of teachers with members of intellectual property expert advisory committees at all levels of government as the main body; Establish a normalized education mechanism that combines situation education, professional knowledge and rule of law education, short-term training courses, special classes and other forms.
"On the other hand, the source of cadres mainly comes from colleges and universities. To improve the awareness of intellectual property competition of cadres from the source, we must improve the intellectual property education system." Zhao Wen said that China's qualified universities can set up intellectual property colleges, change intellectual property courses into compulsory courses for science and engineering, and improve high-quality talents' ability to identify and respond to potential intellectual property risks from their student days. It is understood that at present, many universities in Shanghai, such as Tongji University, Shanghai University and East China University of Political Science and Law, have set up specialized intellectual property colleges.
Mechanism construction:
Review the intellectual property risks of the project
"Under the background of intensified intellectual property competition, innovation-driven and transformational development are facing huge obstacles from international intellectual property barriers. If this barrier cannot be effectively dealt with, the resulting economic development will be blocked and the dual pressure of employment will directly threaten the national economic and social security. "
in Zhao Wen's view, with the rapid development of China's high-tech fields, especially strategic emerging industries, the risk of avoiding intellectual property rights in major economic and technological activities has risen to a height directly related to the national economic and social development and security.
In recent years, Zhao Wen often sees cases in the media that some local governments or enterprises ignore the patent strategy adopted by the other side around the core patent in the process of introducing, absorbing and re-innovating, which leads to the hollowing out of the core patent and the hollowing out of industrial interests, thus affecting the healthy development of the industry and threatening economic and social security. "In 27, Chinese enterprises had to pay about $19.7 for each DVD player, which was 1.2 times the profit. In 27, the patent fees collected by multinational companies from China reached $2.85 billion. There is also the halfway of the micro-hard disk project, and the wind power and photovoltaic industries are rapidly moving into the cold winter. These are the tip of the iceberg. " Zhao Wen said that she saw the above cases and was anxious in her heart.
"China should speed up legislation, introduce administrative regulations to establish an intellectual property review mechanism for major economic activities as soon as possible, make it one of the necessary pre-links of project management or administrative examination and approval, and clarify the functional orientation, objects, contents and responsible subjects of the review." Zhao Wen suggested that, on this basis, all ministries, provinces and cities should follow the superior administrative regulations and formulate specific implementation measures in light of their own economic activities and social and economic development level. "It is necessary to define what to judge, who will judge, how to judge, what standards to judge, and how to protect business secrets."
At the same time, Zhao Wen also said that another important reason why the intellectual property review mechanism for major economic and scientific activities in China is still not perfect is the serious shortage of technical strength. "At present, the number of compound talents and intermediary service agencies who are familiar with international intellectual property rules, have professional and technical background and are competent for the review work is insufficient, and it is difficult for the review work to reach its due depth and breadth." Zhao Wen said that it may be one of the effective ways to alleviate the shortage of talents if we can guide provinces and cities to gather talents and cultivate high-qualified intermediary service institutions on the basis of industry associations, associations and technical committees.