1. Intellectual property is a competitive resource. Conducive to occupying the market and gaining market competitive advantage. Science and technology are the primary productive forces, and technology has increasingly become a decisive factor affecting the economy. Intellectual property rights are conducive to encouraging innovation and helping the country seize the commanding heights. The interests of pioneers are protected or even expanded.
2. The important impact that China has brought to our country’s society and economy after joining the “WTO” is increasingly recognized by the Chinese people. If our country's economy is to successfully integrate with international standards, it must be inseparable from a correspondingly complete intellectual property protection system. Under this situation, the systems and countermeasures related to intellectual property protection will help more and more people. Emphasis on the advantages and disadvantages of the intellectual property protection system for our country
3. In today's society, intellectual property rights have attracted more and more attention. Legally protected rights such as trademarks, technology, copyrights, computer software, and integrated circuit layout designs are very important to our country. Enterprises and the market are becoming more and more influential!
4. The need to realize the rule of law. All aspects of economic construction must be brought into the scope of law. Intellectual property rights are to solve secondary problems through laws
5. Recognize that although my country has many technological breakthroughs, it has few patent achievements, and the reality of foreign patents competing for land in my country
6 , Involving the content of anti-unfair competition law
7. The establishment of an international protection system for intellectual property rights
8. In terms of occupying the market, the patentee can sue the infringer. To seek monetary compensation, you can also ask the court for an injunction to stop the infringer from manufacturing, using, and selling infringing products. For example, an established company can use a patent to attack a new company for infringement because the latter lacks sufficient financial strength to handle a patent infringement lawsuit. The risk of litigation over patent infringement can prevent new companies from entering the patentee's market. From a defensive perspective, the patentee can use the patent certificate to file a counterclaim against a patent lawsuit filed by others. This counterclaim tactic can force the dispute to be resolved more quickly because of the patent certificate. Because both parties to the lawsuit have patent certificates, this type of dispute is common in cross-licensing, as both parties license each other to use each other's patented technology. Patents also provide protection to venture capitalists, who are generally reluctant to enter technology lest the return on their financial investment be reduced by the artificial barriers created by an innovative technology. Patent certificates can also lead to a missed assessment of the value of a financier's assets by virtue of potential patent licensing revenue. Forward-thinking companies realize that patents can be a double-edged sword to secure competitive advantage and defeat competitors.
9. How "lethal" is the intellectual property rights?
Chengcheng
Recently, a number of Chinese companies have encountered foreign-related intellectual property disputes, causing All parties in society are deeply concerned.
According to China Intellectual Property News, Sony has sent a letter to Chinese color TV companies requesting the payment of patent royalties related to video technology. At present, relevant companies have entrusted the China Chamber of Commerce for Import and Export of Machinery and Electronics to negotiate. In addition, 17 Chinese wood flooring manufacturers were complained by three American companies to the U.S. International Trade Commission (ITC), requesting that these Chinese companies launch a "337 investigation" and take corresponding measures.
The essence of intellectual property rights is the protection of interests. More and more foreign companies are using "patent royalties" or launching "337 investigations" to frequently set up obstacles for Chinese companies. The purpose is to use intellectual property rights to obtain high-quality products. amount of wealth and protect their market share. In the past two years alone, 9 of the 18 "337 investigations" launched by the U.S. International Trade Commission were against mainland Chinese companies. This demand forces Chinese companies to spend a lot of financial and manpower to restrict the development of Chinese companies in order to prevent Chinese companies from entering the U.S. market. According to expert analysis, in the next few years, more and more mainland Chinese companies will become the "protagonists" in the dock.
On the one hand, this shows that Chinese products with relatively backward technology and relatively low prices have narrowed the gap with foreign products. Some Chinese companies have begun to develop into mid-to-high-end products through technological upgrading, competing with The competition among multinational companies has become more intense; on the other hand, quality improvement means that they will face fierce competition for intellectual property rights. If Chinese companies want to embark on strategic changes, they must use independent intellectual property rights to improve their international competitiveness. Domestic and foreign experts have suggested that Chinese companies should apply for as many patents as possible and own independent intellectual property rights; at the same time, they can also form patent alliances or reach mutual non-prosecution agreements with each other through cross-licensing to prevent themselves from suffering corresponding consequences. prosecution. If enterprises want to take the initiative on intellectual property issues, the fundamental way out is to improve their ability and level of invention and creation, and strive to gradually occupy their own place in more fields, especially in high-tech fields.
How "lethal" is intellectual property? The deepest feeling of seven Chinese battery companies, including Zhejiang Shuanglu and Fujian Nanfu, that were subjected to the "337 investigation" in May 2003 is: "If Failure to file a lawsuit would be a disaster. "Under the difficult situation where the ITC initially ruled that infringement was established, these seven companies "joined together" to file a complaint. Finally, three months later, the U.S. plaintiff company's patent was invalid and the Chinese company did not infringe. Final ruling. To this end, the principle we should follow is to respect the intellectual property rights of others and firmly safeguard our own legitimate rights and interests. In the face of "337 investigations" and other tactics, Chinese companies should actively respond to the lawsuit instead of passively retreating. (China Intellectual Property News)
10. Calling for foreign-related intellectual property talents
Intellectual property strategy is becoming another major strategic initiative in our country. However, currently our country’s intellectual property talents, especially foreign-related However, intellectual property talents are very scarce. In recent years, foreign-related intellectual property talents have become more and more popular, and foreign-related intellectual property legal and management talents with practical experience are hard to find. For example, a patent firm in Shanghai offers a monthly salary of RMB 30,000 to RMB 40,000, but it is still difficult to find an intellectual property professional who speaks fluent English. After China's accession to the WTO, under the background of the entry of foreign multinational companies and the expansion of domestic enterprises, my country's foreign-related intellectual property disputes have emerged one after another. However, there are only a handful of domestic legal talents who can handle these foreign-related intellectual property litigation, and they often have to resort to "foreign brains". ". In terms of foreign-related intellectual property management, there are also very few professionals who can skillfully handle matters such as international intellectual property transfer, licensing, and international technical standards.
With the increasing importance of intellectual property rights, in recent years, although my country’s intellectual property talent team has become much stronger than before, it is still difficult to meet the growing needs of foreign-related intellectual property affairs. This mainly reflects the In the following three aspects: first, foreign language skills, especially speaking skills, generally need to be improved; second, limited understanding of foreign intellectual property laws and international rules; third, lack of practical experience and insufficient practical skills. The training of intellectual property talents in my country places too much emphasis on the study of intellectual property legal theory and is very lacking in practical training. In addition, practical exchanges with foreign countries are limited, and practical experience in foreign-related intellectual property rights is even lacking.
In order to quickly fill the gap in foreign-related intellectual property talents, the author believes that we need to start from the following aspects. First of all, international exchanges and cooperation should be strengthened to "learn from foreigners and develop skills to control foreigners." For example, in May 2004, the Shanghai Intellectual Property Office and the American Education Foundation signed a cooperation agreement on intellectual property talent training. From 2004 to 2010, the two parties planned to cooperate to train 50 high-level talents. Another example is Philips’ cooperation with Renmin University of China and Tsinghua University to cultivate local intellectual property talents. Of course, attracting overseas talents to return home to serve is also a shortcut. Secondly, universities should pay attention to distinguishing between research talents and practical talents when cultivating intellectual property talents, and strengthen training in practical aspects for practical talents with wider social needs. Finally, enterprises, intellectual property service agencies and relevant state agencies should focus on discovering and cultivating foreign-related intellectual property talents in practical work, because practice is often the best teacher. (China Intellectual Property News Zhan Ying)