China's Response to Strengthening International Intellectual Property Protection
The forms of intellectual property barriers are complex and diverse, and the fields of activities in international trade are gradually expanding, the commodities involved are gradually increasing, and the impact on import and export trade of relevant countries is gradually deepening. As a developing country, China needs to introduce advanced intellectual property technology from developed countries and encourage export trade to promote economic development. Therefore, while developing trade, China will inevitably encounter various forms of intellectual property barriers. According to different intellectual property barriers, China should take different countermeasures.
(1) Establish an enterprise intellectual property strategy. The enterprise is our city.
The main body of market economy is also the main battlefield for the use of intellectual property rights. Since 1990s, foreign companies have applied for a large number of patents in response to the five-year plan put forward by China, setting patent traps in the future development fields of many industries in China, preventing China enterprises from independently developing technologies and controlling the development of these industries. In this regard, China enterprises and the government should fully realize the crisis and challenges faced by enterprises and national industries, and truly establish the awareness of intellectual property rights. We should not only attach importance to the intellectual property rights of foreigners, but also strengthen the development of independent intellectual property technologies and implement the patent deployment strategy. Implementing intellectual property strategy is an urgent need for China enterprises to integrate into the world economy. Intellectual property strategy refers to a series of strategies and means to use intellectual property protection system to fully safeguard their legitimate rights and interests, gain and maintain competitive advantages and curb competitors, and seek the best economic benefits. [6] Enterprise's intellectual property strategy refers to the strategies and means that enterprises use intellectual property protection to seek the best economic benefits in order to gain and maintain market competitive advantage. As far as China enterprises are concerned, many enterprises ignore the application of technology in product development and market development, and many products have low technology content, high consumption of raw materials and low efficiency. In this situation, only by establishing the operating mechanism of scientific and technological progress with enterprises as the main body and strengthening the strategic application of intellectual property rights of enterprises can we fundamentally change the defects in the protection and application of intellectual property rights of Chinese enterprises, truly improve their economic performance and enhance their international competitiveness.
(2) Enhance the independent innovation ability of enterprises. China enterprises face
The dilemma of intellectual property barriers is fundamentally the result of China enterprises' lack of technological innovation and core competitiveness. Therefore, enterprises should attach importance to their own technological innovation, realize the importance of intellectual property rights under the globalization of the world market, increase investment in technology research and development, and form the core competitiveness of enterprises. Actively promote the cooperation among enterprises, enterprises, scientific research institutions and universities, and realize the enjoyment of intellectual property rights by means of joint development, joint investment and joint protection. Enterprises should increase investment in scientific research, and the state should also choose strategic industries to support enterprise technology development.
(3) Actively responding to international intellectual property infringement lawsuits. China enterprises, especially foreign trade enterprises, should change their concepts, change their passive attitude towards intellectual property disputes in the past, and actively respond to international intellectual property infringement lawsuits. A considerable number of domestic enterprises have no infringement of their own, but they often give up the opportunity to respond for fear that litigation will affect the development of enterprises, and lose the opportunity to safeguard their own rights and interests in vain. Enterprises that infringe their rights also pay higher than normal infringement fees for one reason or another. At the same time, the business circles in China should also attach importance to the establishment and perfection of the Chamber of Commerce, and form an enterprise alliance with effective organization, coordination and extensive participation, which will help to strengthen the efforts to seek support from all sides, including the government.
(four) in-depth understanding of international rules and major national knowledge.
Legislation and practice of property law. China is a member of the WTO. Enterprises should pay attention to the provisions of WTO and TRIPS on intellectual property rights in foreign trade. At the same time, we should also understand the laws and practices of major trading countries on intellectual property rights, master their main legal provisions, legislative trends and court cases, and avoid hitting intellectual property barriers to the greatest extent. For example, the principle of exhaustion of intellectual property rights should be grasped by the principles adopted by major trading countries at present. If the target country adopts the regional principle, enterprises should pay special attention to intellectual property rights when conducting foreign trade activities.