Problems, causes, present situation and countermeasures of intellectual property rights in China

1. China's intellectual property system was established late and has a history of more than 20 years. After more than 20 years' development, China has formed the patent law, trademark law, copyright law and other intellectual property laws which are basically consistent with the requirements of the Trips Agreement, and formulated other laws and regulations related to intellectual property rights. However, we should be soberly aware that the overall situation of intellectual property work in China has not adapted to the development requirements of national economy, science and technology and society, nor to the development requirements of the new international situation. Mainly manifested in:

① Weak awareness of intellectual property rights. In 2008, among the 426,000 industrial enterprises above designated size, about 2. L% applied for invention patents, and about 0.6% obtained invention patents. At present, the proportion of China's self-owned brand goods exports to total exports is less than 10%, and domestic export enterprises (except foreign-funded enterprises) own less than 20% of domestic registered trademarks. ② The basic legal system of intellectual property rights in China is partially lacking, and some laws are not operable and need to be improved and revised. (3) There are many administrative departments related to intellectual property rights. Under the fragmented management system, there is a lack of communication channels and coordination mechanisms between management departments, poor policy coordination, and offside and absence of management coexist. (4) Intellectual property protection has reached the national middle and high income level. However, the enforcement level of intellectual property rights is not high, and there is still a certain degree of local protection. ⑤ The intellectual property management system of most enterprises and institutions is not perfect, lacking the ability to flexibly apply the intellectual property system and international rules, and the level of enterprises applying intellectual property strategy is low.

Countermeasures of national intellectual property strategy;

(1). Efforts should be made to raise the awareness of intellectual property rights in the whole society. (2) Strive to create an environment conducive to intellectual property protection. (3) Strengthen the macro-strategic research on intellectual property rights at the national level. (4) Strengthen the construction of intellectual property legal system in line with international practices. (5) Actively promote enterprises and institutions to establish and improve the intellectual property management system. (6) Establish and improve the intellectual property management system and the overall coordination mechanism of intellectual property rights. (7) Vigorously promote the implementation of patented technology.