First, innovative enterprises: gaps and strategies
With scientific and technological progress and innovation as the main theme, the overall competitiveness of enterprises in China has been greatly improved. However, compared with multinational companies that have entered the China market on a large scale, China enterprises still have great gaps and outstanding problems.
First, the economic strength is not at the same level as that of multinational companies, the investment in R&D and innovation is seriously insufficient, and the digestion and absorption of imported technologies and innovation funds are even more scarce.
Second, technological innovation lacks historical accumulation, and intellectual property rights of key technologies are subject to people.
Third, corporate brand strategy is in a weak position.
Fourth, to meet the requirements of economic globalization and modern mass production, multinational corporations and innovative enterprises in developed countries have updated their business concepts, adjusted their structural layout and implemented process reengineering, and new international standards, rules and practices have begun to take shape.
The Outline of the National Medium-and Long-term Scientific and Technological Development Plan and its supporting policies focus on improving the ability of independent innovation, making in-depth deployment and building an innovation platform. China's innovative enterprises should firmly establish the consciousness of innovation subject, correctly grasp the positioning of the national innovation system, actively lead the enterprise-led, market-oriented and Industry-University-Research-United technological innovation system, and complete the sacred mission entrusted by history.
Second, corporate intellectual property rights: wealth and weapons
Although intellectual property is a well-known term in all walks of life. But what is intellectual property? What is the independent intellectual property industry? How to promote the intellectual property strategy of enterprises? It may still be a strange topic for most domestic enterprises.
(A) about the object of intellectual property protection
With regard to the definition of intellectual property rights, international conventions do not give a qualitative description, but list out the theme and scope of their protection.
The intellectual property rights listed in the founding convention of the World Intellectual Property Organization (WIPO), a specialized agency of the United Nations, include: "all rights arising from literary, artistic and scientific works, performances by performing artists, recordings and broadcasts, inventions in all fields, scientific discoveries, designs, trademarks, service marks, names and brands of manufacturers, cessation of unfair competition, and intellectual activities in the industrial, scientific, literary and artistic fields."
The intellectual property rights listed in the Agreement on Trade-related Intellectual Property Rights of the World Trade Organization include: "copyright and related rights, trademarks and service marks, industrial designs, geographical indications, invention patents including new plant varieties, layout-design of integrated circuits, undisclosed information, and unreasonable restrictions in control licensing contracts."
For these two definitions, I want to emphasize that, first of all, they are generally consistent, although the angles and expressions are different. Second, the essence of the definition of the World Intellectual Property Organization, in its last part: intellectual property covers "all rights from intellectual activities" in principle, and its protection theme is a category that keeps pace with the times with the development of science, technology, economy and culture. Third, the World Trade Organization's Agreement on Intellectual Property Rights, for the first time, established a trinity rule system of trade in goods, services and intellectual property rights (technology trade) on the international trade platform, and stipulated the minimum standards for intellectual property protection of members, law enforcement measures and dispute settlement mechanism. This means that intellectual property rights have become an important part of the international economic order in the era of knowledge economy.
(B) the value orientation of enterprise intellectual property rights
The value of enterprise intellectual property lies in wealth and weapons. Intellectual property rights obtained according to law are owned by enterprises, and their implementation is guaranteed by the state. Intellectual property rights of key technologies are not only valuable intangible assets in themselves, but also important resources for continuous innovation of enterprises. Armed with intellectual property rights, the technological advantages and management advantages of enterprises can be transformed into market advantages, and they can have powerful weapons to resist the risks of complex market competition, infringement, piracy and counterfeiting.
China enterprises have made great progress in the protection of intellectual property rights. More and more enterprises have independent intellectual property rights, and many enterprises have begun to show their edge in international competition. But on the whole, the total amount of intellectual property rights of enterprises is small, the technical content and the quality of rights are low, and the acquisition, maintenance and international competitiveness of intellectual property rights are not strong.
(3) Thinking about the intellectual property strategy of enterprises There are several problems in understanding the intellectual property strategic planning of enterprises in China.
First of all, correctly understand the intellectual property law. The standards for protecting intellectual property rights between countries with different economic levels involve conflicts of interest.
The second is to correctly understand the infringement of intellectual property rights. Illegal acts such as patent infringement, software piracy and counterfeit trademarks should be investigated and dealt with according to law.
The third is to correctly understand independent intellectual property enterprises.
How innovative enterprises formulate and implement intellectual property strategy is a problem that depends on different industries, different enterprises and different competitive situations. This paper summarizes some practices and strategic issues of multinational companies in China, which can be used for reference by innovative enterprises in China.
First, scientifically demonstrate from the three-dimensional coordinates of technology, market and law, and decide the subject, goal and route of R&D and innovation.
Second, the key technologies to maintain core competitiveness and the protection of intellectual property rights must be impregnable and constantly strengthened.
Third, market-oriented, by promoting the research and development of key technologies, transferring and licensing intellectual property rights on reasonable commercial terms, acquiring small and medium-sized enterprises through scientific and technological innovation, acquiring advanced technologies, expanding the scale of intellectual property industry, cultivating new economic growth points and increasing market share.
Fourth, under the premise of making arrangements for intellectual property sharing and market share allocation, we should implement strong alliances, promote the alliance of Industry-University-Research, establish strategic alliances among competitors, accelerate technological breakthroughs in major fields through resource sharing and complementary advantages, and seek a sustained monopoly on the future market.
Fifth, according to the principles of optimizing benefit, minimizing cost and maximizing profit, we should localize R&D, use local cheap resources, attract local talents, obtain regional market information, speed up research and innovation of regional characteristics, develop marketable products and services, and implement low-cost expansion.
Sixth, lead the industry in intellectual property cooperation, promote the formulation of technical standards, integrate the intellectual property rights of enterprises and enterprise technology alliances and the intellectual property rights of advanced technologies in the middle and lower reaches in intellectual property-intensive fields, build a patent pool according to the principle of reasonable prices, form national standards and incorporate them into international standards, and seek a favorable development position.
Seventh, in the implementation of technology transfer strategy, while exporting product process design and technology, we should export brands and standards, squeeze the living space of local brands of the other side, control the localization process of parts, and obtain greater profits through certification, procurement, training, technology transfer, parts price and model upgrade.
Eighth, make use of contract terms to maximize intellectual property rights, set up cards for the transferee's reverse engineering, subsequent improvement and re-innovation activities on the basis of digestion and absorption, strictly control "technology spillover", and control "technology spillover" by stipulating end-user terms to curb the growth space of the other party's intellectual property rights.
Nine is to establish enterprise technology alliance, industry intellectual property association, regional intellectual property alliance and other organizations, strengthen industry self-discipline, improve the collective protection mechanism of intellectual property rights such as copyright, conduct professional monitoring of the market, investigate evidence of suspected infringement, reduce the cost of rights protection, and improve the offensive and defensive level of innovation warfare.
10. When intellectual property rights are infringed or technological advantages are threatened, carefully plan coping strategies, analyze advantages and disadvantages on the basis of collecting and fixing evidence, choose the best opportunity to initiate legal actions, and strive to be superior in law, technology, market, public opinion and timeliness.
Third, corporate brand strategy: concept and marketing
The success of innovation should be evaluated by market returns. In the domestic and international market competition, the direct confrontation is the brand; It is a brand that is accepted by the public; It is the brand that ultimately determines the outcome of market competition.
At present, corporate brands in China are in a weak position. Compared with the intellectual property industry, the gap between brands and the international market is bigger and more prominent. International specialized agencies have published global brand rankings over the years. Among the top 100 brands in the world in 2006, there were 5 1 in the United States, 34 in Europe, 01in Asia and 4 in other regions. The list of brands in China is unknown. In the market of China, the top five sales of 27 industries open to the outside world are foreign brands. Therefore, in order to improve the ability of independent innovation, we must promote the construction of famous brands.
(A) brand concept
The concept of brand originated from marketing. The positioning of brand in traditional marketing is the public's feelings and evaluation of specific objects.
(2) Intellectual property rights of brands Some people ask that brands are also intellectual property rights.
First of all, as a huge intangible asset, brand belongs to intellectual property in essence.
Secondly, the intellectual property rights of brands can be found in international conventions. The "manufacturer's name" listed in the definition of intellectual property in the Paris Convention for the Protection of Industrial Property and the "trademark, service mark, manufacturer's name and brand" defined in the Convention for the Establishment of the World Intellectual Property Organization refer to nothing more than brands.
Furthermore, from a deeper perspective, the brand's intellectual property rights are not only reflected in the identification of enterprises and their goods and services, but also in the support of advanced technology, the guarantee of excellent quality, the reliance of honest management and the integration and integration of multi-dimensional and multi-dimensional intellectual property rights formed by the bedding of advanced culture.
(C) brand strategic thinking
In foreign investment, we seize the priority claim and distribution right of wealth in the world market through well-known brands with huge intangible assets.
Facing the severe competitive situation, we should take the road of independent innovation with China characteristics. After the transformation of scientific and technological achievements and the realization of scientific and technological industrialization, we must never stop, but must continue to move forward to achieve the goal of creating and marketing independent brands.
At the government level, we should develop two strategies: independent intellectual property rights and independent well-known brands. Multinational companies in developed countries lock in the high end of the value chain, on the one hand, promote the research and development of key technologies, seize the commanding heights, on the other hand, accelerate brand expansion and marketing, and obtain rich profits. China should also adopt a two-pronged approach, such as science and technology policy, economic policy and government procurement policy. Support enterprises and brands with independent intellectual property rights, adjust economic structure, standardize competition order and optimize the growth mechanism of independent brands.
At the enterprise level, we should take innovation as an inexhaustible motive force, and vigorously strengthen brand building while cultivating independent intellectual property industries.
At the social level, we should create a good environment for the growth of independent brands. Improving the ability of independent innovation and building an innovative country is an important strategy to realize the great rejuvenation of the Chinese nation in the new period.
The editor of this column, An Le.