The CPC Central Committee and the State Council attached great importance to intellectual property protection.
1, "Strengthening the protection of intellectual property rights. This is the most important content to improve the property rights protection system, and it is also the biggest driving force to improve the economic competitiveness of China. It is emphasized that we should "strive to create a business environment that respects the value of knowledge, comprehensively improve the legal system of intellectual property protection" and "intensify the punishment of intellectual property infringement and make the infringers pay a heavy price".
2. Protecting intellectual property rights means protecting innovation. It is necessary to strengthen the protection and application of intellectual property rights and severely crack down on infringement of intellectual property rights and counterfeiting and selling fakes according to law.
3. At present, China's economy is in a critical period of changing its development mode, optimizing its economic structure and transforming its growth momentum. Innovation is the first driving force for development. Strengthening the protection of intellectual property rights and improving the ability of independent innovation have become the internal needs of China to accelerate the transformation of economic development mode and implement the innovation-driven development strategy.
4. China's current patent law came into effect in 1985, and was revised three times in 1992, 2000 and 2008 respectively, which played an important role in encouraging and protecting inventions and promoting innovation.
With the development of the situation, some new situations and new problems have appeared in the patent field:
1) There is a gap between the effect of patent protection and the expectation of the patentee. There are some problems in patent protection, such as difficulty in proof, high cost and low compensation. Cross-regional infringement has increased and patent abuse has occurred from time to time.
2) The conversion rate of patent technology is not high, the information of supply and demand of patent license is asymmetric, and the conversion service is insufficient;
3) In order to meet the needs of joining relevant international treaties and further facilitate inventors and designers, the patent examination and authorization system needs to be improved.
4) In order to further implement the deployment requirements of the CPC Central Committee and the State Council and solve problems in practice, it is necessary to amend the current patent law.
This revision has carried out the spirit of the instructions of the CPC Central Committee and the State Council, effectively solved the problems existing in practice, and is of great significance for safeguarding the legitimate rights and interests of patentees, enhancing the confidence of innovation subjects in patent protection, and fully stimulating the innovation vitality of the whole society.