Since the reform and opening up, China has gradually established a relatively perfect intellectual property system, completing the road of institutional change that developed countries have gone through for hundreds of years. Especially after joining the World Trade Organization, China has fully fulfilled its WTO commitments. In just 12 years, laws and regulations related to the intellectual property system have been continuously formulated and improved, and a legal and regulatory system for intellectual property protection with China characteristics, complete system and international standards has been established. In June 2008, the State Council officially promulgated the Outline of National Intellectual Property Strategy, which raised the creation, application, protection and management of intellectual property to the national strategic level for the first time. All relevant departments have made concerted efforts to strictly enforce the law, creating a new situation in the administrative and judicial protection of intellectual property rights.
The protection of intellectual property rights has effectively promoted the promotion of China's independent innovation ability. Take the number of patent applications as an example. In recent years, the number of patent applications in China has increased rapidly. In 20 13 years, the number of applications for invention patents reached 825,000, up 26.3% year-on-year. In the whole year, 10,000 patents 1, 3 1.3 thousand were examined, up by 4.6% year-on-year; The period of patent examination decreased steadily, and the period of invention patent examination was shortened to 22.2 months. By the end of 20 13, China National Intellectual Property Administration had authorized1034,000 invention patents, up by 15.4% year-on-year. In 20 13, China National Intellectual Property Administration * * * accepted 22,924 international applications under the Patent Cooperation Treaty (PCT), with a year-on-year increase of15%; More than 70,000 international applications entered the national phase of China, up 4.6% year-on-year; In the whole year, we received 156 1 application for registration of integrated circuit layout design, and issued 16 12 certificates. China has entered the ranks of intellectual property powers.
With China's economic development entering a new stage, intellectual property protection plays a prominent role in promoting economic transformation. In view of this new feature, we deeply analyzed the strategic role of intellectual property rights in the development of national economy. On the one hand, efforts are made to deepen the reform of various systems, optimize the examination and approval management procedures, continuously expand the scale of personnel, and improve the ability of patent examination and approval; On the other hand, we will promote the combination of various patent projects and industrial promotion pilots, actively guide the healthy development of intellectual property services, give play to the navigation function of patents to industries, help market players implement the global patent layout, and strive to enhance China's industrial status. In 20 12, Huawei and ZTE ranked first and third in the world in the number of patent applications, showing strong independent technological innovation capabilities. These two enterprises mainly benefit from the national intellectual property protection system and are the first enterprises in China to implement pilot demonstrations of intellectual property rights. In the past 10 years, Huawei invested13 billion yuan in R&D expenses, while ZTE took the lead in trying to invent patent asset management among domestic enterprises, creating a precedent for China communication enterprises to grant patents to multinational communication giants. Encouraged by the protection of intellectual property rights, more and more innovative enterprises have emerged in China, and they are gathering to become the backbone of China's economic strength.
The practice of intellectual property development in China since the reform and opening up has proved that intellectual property protection, as a policy tool to stimulate innovation, is not only the only way for the country to reserve innovative strategic resources, but also the strategic commanding height for China to win the international competitive advantage in the future. At present, China should proceed from its own development stage, speed up the improvement of intellectual property protection systems and policies that are conducive to promoting innovation, strive to achieve a virtuous circle of innovation investment and innovation return, and provide a solid foundation for building an innovative country and realizing the dream of strengthening the country.
Second, intellectual property protection is the only way for a big country to rise.
Tracing back to history, the rise of world powers is closely related to intellectual property protection. However, the early intellectual property was actually a franchise. By granting exclusive market rights, the state encourages domestic enterprises to innovate constantly in order to win international competitive advantage. 1624, Britain promulgated the Monopoly Law, which replaced the tradition of granting concessions by the monarch with legislation, broke the long-term technical blockade in feudal society, and promoted technical exchange and dissemination. It was inspired by this system that Britain took the lead in launching the industrial revolution and successfully realized the rise of a great power.
Since the last century, based on the global strategy, the United States has listed intellectual property protection as the key driving force for its stable economic development and maintaining its leading position in the world. Domestically, the United States attaches great importance to coordinating intellectual property affairs from a strategic perspective, revising American patent law and other intellectual property laws, building an all-round intellectual property protection and transformation system, promoting cooperation between federal and state government agencies, strengthening intellectual property support for small and medium-sized enterprises, improving management capabilities and encouraging innovation. Internationally, the United States has transformed the international legislation on intellectual property rights from the World Intellectual Property Organization (WIPO) system to the General Agreement on Tariffs and Trade (GATT/WTO) system, which has bound intellectual property rights with foreign trade, leading to an unprecedented level of intellectual property protection. At the same time, the United States took the formulation of the Agreement on the Protection of Intellectual Property Rights in Foreign Trade as an opportunity to strengthen the international enforcement of intellectual property rights, maintain its leading position in the formulation of world intellectual property rules, promote the establishment of a new intellectual property order on a global scale, and further consolidate its superpower status with its international hegemony after World War II.
With the acceleration of globalization today, it is an inevitable choice for developing countries to effectively protect intellectual property rights and give full play to the leverage of intellectual property rights on scientific and technological innovation. As early as the 1970s and 1980s, Japanese companies were the focus of lawsuits against US intellectual property rights, such as multinational companies such as TDK, Sony, Toshiba and Hitachi, which were often the targets of the US "337 investigation". Japanese companies rely on technology introduction, absorption, digestion and innovation, and have experienced the initial breach of contract litigation, then actively responding to the lawsuit, and then actively applying for patents in the United States to prevent or avoid being investigated. Nowadays, Japanese companies have begun to rely on the power of intellectual property rights, which in turn frequently sue American companies that counterfeit their products. With the help of intellectual property protection, Japan has broken through the intellectual property blockade and sanctions of the United States, gradually become a big intellectual property country, and realized the evolution from the bottom of manufacturing industry to the top of high value-added value chain. In recent years, South Korea, as a successful model of technology follow-up, has become one of the intellectual property powers, and gradually realized the transformation from follower to leader. With the goal of building a world-class country, India is also implementing the global intellectual property strategy, advocating the establishment of a new international intellectual property order, and making its mark among developing China countries.
At present, China is in the transition from "Made in China" to "Created in China". In this critical period, the marginal contribution rate of traditional production factors such as labor, capital and land resources to China's economic growth is decreasing, and innovation is increasingly becoming the leading factor to support and lead economic and social development. However, compared with the urgent requirements of economic and social development, the reality of independent innovation in China is far from satisfactory, with low self-sufficiency rate of key technologies and low proportion of high-tech industries in the whole economy. Although it has reached the international leading level in a few scientific and technological fields, the fact that it is still a technology importer and imitator as a whole cannot be ignored. Lack of core technology of independent innovation is the biggest weakness of our economy. Summarizing the experience of the rise of world powers, relying on intellectual property protection to stimulate innovation activities, so as to guide economic growth mainly relying on independent innovation ability and scientific and technological progress, is the fundamental task to promote sound and rapid economic and social development in this period.
Third, proceed from the national conditions and speed up the improvement of the intellectual property protection system.
Generally speaking, China has initially established an intellectual property protection system with China characteristics, which conforms to China's national conditions and international rules on intellectual property. However, there is still a long way to go to become an intellectual property power, and we need to start with the construction of the basic system of intellectual property protection.
Accelerate the improvement of the system and mechanism of intellectual property protection. The legal framework of intellectual property rights in China has basically taken shape. At present, the main task is to improve various systems according to the needs of innovation practice and give play to the institutional effectiveness of intellectual property protection to stimulate innovation. It is necessary to give full play to the role of the inter-ministerial joint meeting on national intellectual property strategy, further improve the inter-departmental high-level consultation mechanism, and strengthen the coordination of intellectual property policies. It is necessary to strengthen the balance between intellectual property protection and competition policy, focus on building a new type of intellectual property protection system that combines specialization, systematization and fairness, form a multi-level protection mode of division of labor and cooperation among government departments, social organizations and market players, and enhance the systematicness, integrity and synergy of intellectual property protection. We should start with the formulation of the basic law on intellectual property rights, strengthen the top-level design and overall planning, focus on improving the intellectual property environment, adapt it to the socialist market economy, and enhance the synergistic effect of protection policies.
Focus on improving the supporting role of intellectual property rights in industrial development. Intellectual property protection must be closely integrated with national industrial, scientific and technological, fiscal and taxation policies to promote a virtuous circle of innovation investment and innovation return, so that the innovation vitality of the whole society can come out in generate through innovation. Therefore, we should deeply understand the inherent requirements of economic and social development for independent innovation at this stage, rely on intellectual property protection to stimulate the innovation vitality of the whole society, and promote industrial transformation and upgrading with innovation. It is necessary to speed up the transformation of intellectual property rights into real productive forces, guide governments at all levels to pay more attention to the utilization of patent information, pay attention to strengthening patent work in industrial development planning and major scientific and technological activities, and enhance the leading role of intellectual property rights in industrial development. Through the guidance of taxation, finance, finance and other policies, we will promote enterprises to establish a modern intellectual property management system, encourage enterprises to make full use of intellectual property rights through various means such as intellectual property pledge financing, improve patent layout ability and enhance core competitiveness.
Continuously improve the public service capacity of intellectual property protection. Vigorously developing intellectual property service industry is the basic work of building a strong intellectual property country. It is necessary to strengthen intellectual property information services, encourage the development of various intellectual property information service institutions, and provide more comprehensive intellectual property information for market participants; Actively build a fair and effective intellectual property trading order, gradually implement a unified intellectual property standard system, strengthen the construction of intellectual property trading platforms, activate the trading market, enhance trading functions, and serve the real economy; Vigorously develop intellectual property finance, promote and improve the work of intellectual property pledge loans, and help enterprises, especially small and micro-technology enterprises, solve financing problems; Guide enterprises to formulate intellectual property work plans that run through the whole process of development, production, operation, management, application and protection, guide enterprises to closely integrate intellectual property with enterprise management, technological innovation, market development, capital operation and business strategy, comprehensively improve the application ability and level of enterprise intellectual property system, and form a number of well-known brands with international competitiveness.
Actively participate in the formulation and revision of international rules on intellectual property rights. The current international rules of intellectual property rights mainly reflect the interests of western developed countries, and some aspects are not conducive to developing countries like China. It is necessary to thoroughly study the current international rules on intellectual property rights, take safeguarding the core interests of the country as the fundamental goal, actively participate in the formulation and revision of international rules on intellectual property rights, expand influence and increase the right to speak; Improve China's foreign trade-related intellectual property protection system, formulate and implement relevant specific rules and measures as soon as possible, accelerate the formation of a unified coordination mechanism for domestic protection, border protection and overseas protection of intellectual property rights, and do our utmost to create a more favorable internal and external environment for China's commodity exports; Based on safeguarding the overseas rights and interests of Chinese enterprises, we will actively promote multi-level, multi-form and multi-content international cooperation and exchanges on intellectual property protection, enhance the right to speak in bilateral and multilateral trade and investment negotiations, and promote the adjustment and improvement of international rules on intellectual property protection.
Accelerate the construction of overseas intellectual property protection system. In recent years, with the in-depth implementation of the "going out" strategy, problems such as weak intellectual property protection of Chinese enterprises have been constantly exposed, which has been hit hard repeatedly in international competition. To this end, it is necessary to speed up the establishment of overseas assistance centers for intellectual property rights protection, and form an effective linkage rights protection mechanism among governments, overseas institutions, intermediary organizations, enterprises, experts and scholars to help enterprises solve practical difficulties in time; Strengthen communication and coordination with domestic and foreign rights holders, start with the establishment of overseas rights protection hotline for enterprises, accelerate the establishment of overseas intellectual property protection network service platform, and guide Chinese enterprises to make effective intellectual property strategic layout overseas; Promote the establishment of overseas intellectual property insurance, establish intellectual property overseas litigation risk fund, insure legal fees including patent litigation, and improve the overall anti-risk ability of enterprises; Strengthen the overseas intellectual property training of enterprises, provide convenient guidance for small and medium-sized enterprises to carry out business overseas, help them overcome legal obstacles and avoid patent traps.