People's awareness of intellectual property protection is relatively indifferent.
Intellectual property culture emphasizes that knowledge is valuable and rewarding. For knowledge creators, it pays attention to individuality and encourages independent thinking and innovation. However, at present, the weak intellectual property awareness of 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 publicity and education of intellectual property protection began after the reform and opening up, and it is more a form of publicity to deal with external and internal accusations of piracy and counterfeiting, lacking theoretical support. Therefore, the legislative process in China is out of touch with the improvement of national consciousness. In quite a few areas, citizens generally lack a clear understanding of intellectual property protection, and the consciousness of "stealing books is not stealing" still occupies a "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 this 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 rights infringement and the court's judgment on intellectual property protection. This is also one of the important reasons why the infringement activities in quite a few regions and fields are still increasing while China is increasing its investment in intellectual property protection.
Enterprises still lack sufficient attention to intellectual property protection.
Most domestic enterprises have not yet established a professional intellectual property working mechanism, and their understanding of international rules is still relatively poor, and their preparation and experience in using intellectual property system to participate in market competition, especially international market competition, are insufficient.
In the international field, based on the advantages of R&D, multinational companies apply for a large number of patents in China and actively "scramble for land", and then suppress, crowd out and attack China enterprises with their patent sticks. At the same time, many enterprises in our country use the monopoly position of standardization to carry out unfair competition, obtain excess profits, and frequently fall into the "trap" of intellectual property rights of foreign enterprises. Some enterprises lack the awareness of intellectual property protection, or fail to industrialize their innovations in time, so that their advanced technologies are bought 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, enterprises in China contributed 1.3 million inventions to foreign enterprises in the past decade. In China, enterprises have long been influenced by the concept of "copying for survival, not taking risks for innovation", and do not emphasize the cultivation of independent innovation ability and the accumulation of independent intellectual property rights. They only rely on "making great efforts and sweating" and concentrate their strength and energy on the price war, resulting in low-level redundant construction. In the end, it is difficult to get rid of the bad luck of being eliminated by the market when the price is unprofitable.
There are also historical reasons for China enterprises' weak awareness of intellectual property protection. 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 also made the intellectual property system lack of an environment for existence. In addition, in a sense, China's intellectual property protection system is the result of compulsory enforcement by legislative acts 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 enforcement effect of intellectual property rights is not satisfactory. Intellectual property law enforcement has become the bottleneck and weak link that restricts intellectual property protection in China. The current intellectual property protection system in China 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 law enforcement. In addition, the publicity and disclosure of intellectual property protection information can not be timely and in place. Therefore, China should establish a unified and efficient intellectual property management institution.
Secondly, there are serious problems of dispersion, conflict and disunity 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 the 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 is still lagging behind.
Third, we lack a clear positioning of intellectual property protection. At present, there are three completely different views on the level of intellectual property protection in China: high protection level theory, low protection level theory and moderate protection level theory. The parties have not yet formed a unified understanding. This difference in positioning 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, and is also not conducive 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 urgently.
In the era of knowledge economy, the competition between countries is, in the final analysis, the competition of intellectual property rights. Developed countries that realized this in advance spared no effort to safeguard their own interests by protecting intellectual property rights. Intellectual property rights have become a hot spot in China's foreign trade.
In the "Special 30 1 Evaluation Report" on China's intellectual property rights released at the end of April, 2005, the United States listed China as a "key observer country", and intellectual property disputes have become the bottleneck of Sino-US trade development. Japanese enterprises in China have also set up an intellectual property alliance named "IPG", which aims to unite and contain the competitiveness of China's manufacturing industry with intellectual property strategy. In its proposal in 2004, the European Chamber of Commerce also pointed out the problems in intellectual property protection in China. At the same time, India, Vietnam and other developing countries are also actively developing and improving the intellectual property protection system. 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 improve the level of intellectual property protection, 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, the establishment of a perfect and modern intellectual property protection law and system in China will not happen overnight. In order to achieve the strategic goal of building an innovative country, intellectual property protection still has a long way to go.