People's awareness of intellectual property protection is relatively indifferent
Intellectual property culture emphasizes that knowledge is valuable and paid, and pays attention to individuality for knowledge creators and encourages independent thinking and innovation. However, the current weak awareness of intellectual property rights among the public, enterprises and institutions in China has not been fundamentally reversed. There is a general lack of awareness and ability to respect the intellectual property rights of others and safeguard their legitimate rights and interests.
China's emphasis on the publicity and education of intellectual property protection began after the reform and opening up, and it was more a form of publicity to cope with external and internal accusations of piracy and counterfeiting, lacking theoretical support. Therefore, the legislative process in China is out of line with the improvement of national consciousness. In quite a few areas, citizens generally lack a clear understanding of intellectual property protection, and the consciousness that "stealing books is not stealing" still occupies the "mainstream" position in people's minds. In addition, due to the particularity of knowledge products, it is difficult for citizens to judge the ownership and possession of such intangible property as tangible property, so many people regard many violations of intellectual property rights in daily life as "legal" and even doubt the government's law enforcement actions against intellectual property infringement and the court's judgment on intellectual property protection. This is also one of the important reasons why China has continuously increased the investment of manpower, material resources and financial resources in intellectual property protection, while infringement activities in quite a few regions and fields are still increasing.
Enterprises still lack sufficient attention to the protection of intellectual property rights
Most domestic enterprises have not yet established a professional working mechanism for intellectual property rights, and their understanding of international rules is still relatively poor, and they lack preparation and experience in using the intellectual property system to participate in market competition, especially international market competition.
in the international field, based on the advantages of R&D, multinational companies apply for a large number of patents in China, actively "staking the land", and then use their patent sticks to suppress, repel and crack down on Chinese enterprises. At the same time, many enterprises in China frequently fall into the "trap" of foreign enterprises' intellectual property rights by taking advantage of the monopoly of "standardization" to implement unfair competition and obtain excess profits. Some enterprises lack the awareness of intellectual property protection, or fail to industrialize their innovative achievements in time, so that their advanced technologies are acquired by others at low prices and applied for patents, or their trademarks are registered in foreign enterprises, and the intangible assets created and accumulated hard are wasted. According to statistics, in the past ten years, China enterprises have "contributed" 13, inventions to foreign enterprises. However, in China, enterprises have long been influenced by the concept of "copying for survival rather than taking risks for innovation", without emphasizing the cultivation of independent innovation ability and the accumulation of independent intellectual property rights. They only rely on "making great efforts and sweating" to concentrate their strength and energy on price wars, resulting in low-level redundant construction. In the end, when the price is unprofitable, it is difficult to get rid of the bad luck of being eliminated by the market.
there are also historical reasons for the weak awareness of intellectual property protection in Chinese enterprises. The intellectual property protection system developed in China since the late Qing Dynasty is basically the product of "compulsory learning". After the founding of the People's Republic of China, China's long-term implementation of the planned economy system has also made the intellectual property system lack an environment for existence. In addition, in a certain sense, China's intellectual property protection system is the result of compulsory implementation relying on the legislative actions of state power organs, and it has not made Chinese enterprises have personal experience and positive requirements for intellectual property protection.
The level of legislation and enforcement of intellectual property protection needs to be improved
First of all, the effect of enforcement of intellectual property rights is not satisfactory. The enforcement of intellectual property rights has become the bottleneck and weakness that restricts the protection of intellectual property rights in China. China's current intellectual property protection system is under a fragmented management system, and there are seven or eight institutions in charge of intellectual property affairs at the central government level, which directly leads to the lack of efficiency and mutual coordination in the process of law enforcement. In addition, the publicity and disclosure of intellectual property protection information can not be achieved in time and in place. Therefore, China should establish a unified and efficient intellectual property administrative organ.
Secondly, there are serious problems of dispersion, conflict and lack of unity in China's intellectual property legislation. The existing intellectual property legal systems such as Patent Law, Trademark Law and Copyright Law also have * * * contents. However, due to the different implementation time of each law, there are differences in setting objectives, scope and intensity of judicial and administrative protection. At the same time, there are no perfect specific provisions on which laws should be applied to the intersection of patents, trademarks and copyrights. In addition, due to the continuous emergence of high and new technologies, many intangible properties have gone beyond the scope of the original legal protection of intellectual property rights. In this respect, China's legislation still lags behind.
Thirdly, we lack a clear position on intellectual property protection. At present, there are three completely different views on the level of intellectual property protection in China: the theory of high protection level, the theory of low protection level and the theory of moderate protection level. The parties have not yet formed a unified * * * knowledge. This difference in orientation directly affects the legislation and enforcement of intellectual property protection in China, which is not conducive to improving the environment and quality of introducing foreign capital, nor to the research and development and industrialization of core technologies and supporting technologies with independent intellectual property rights in China.
In the face of international competition, the intellectual property protection system needs to be improved
In the era of knowledge economy, the competition between countries is in the final analysis the competition of intellectual property rights, and the developed countries that realized this in advance spared no effort to safeguard their interests by protecting intellectual property rights. Intellectual property rights have become a hot spot in China's foreign trade.
In the "Special 31 Evaluation Report" on China's intellectual property rights released at the end of April 25, the United States placed China among the "countries to be observed", and intellectual property disputes have become the bottleneck of trade development between China and the United States. Japanese enterprises in China have also set up an intellectual property alliance called IPG, the purpose of which is to unite and restrain the competitiveness of China's manufacturing industry with intellectual property strategy. In its 24 proposal, the European Chamber of Commerce also pointed out the problems in the protection of intellectual property rights in China. At the same time, other developing countries such as India and Vietnam are actively developing and perfecting their intellectual property protection systems. With the development of China's economy, China's advantages in human capital are gradually decreasing. If other developing countries have cheaper labor than China, and the level of intellectual property protection is improved, their investment and foreign trade environment may attract foreign businessmen to turn their attention from China to them. Therefore, while facing the pressure from developed countries, China should pay more attention to the competitiveness of other developing countries.
therefore, it is by no means an overnight success for China to establish a perfect and modern intellectual property protection law and system. In order to achieve the strategic goal of building an innovative country, intellectual property protection still has a long way to go.