Translation errors of "intellectual property"
Ma said that to accelerate the transformation of economic development mode, it is necessary to improve both hard power and soft power: hard power is mainly to enhance the ability of independent innovation; Soft power is the optimization of independent innovation. The ability of independent innovation is mainly reflected in the invention patents owned, and the environment of independent innovation is increasingly reflected in the optimization of intellectual property culture.
However, many people are not clear about what intellectual property is, including scholars in the fields of government, economy, science and technology, culture and even intellectual property, who often confuse "knowledge" in intellectual property with "knowledge" in knowledge economy.
There are two concepts of intellectual property in English: intellectual property (IP) and intellectual property (IPR).
These two concepts are different, but they are both translated into four words by Chinese mainland scholars: intellectual property. The Chinese meaning of three English words (intelligent intelligence, Property property, Right right) is not knowledge at all, but intelligence and wisdom.
Translation in Taiwan Province Province is relatively accurate, with IP translated into intellectual property and IPR translated into intellectual property.
The English word for "Knowledge" is knowledge, which refers to knowledge, cognition, knowledge and knowledge with public knowledge. Because of its publicity, "knowledge" cannot be attributed to property rights. If Zhang San didn't learn "Newton's Three Laws", Li Si couldn't either.
"Wisdom" in translation in Taiwan Province Province refers to the non-public ability to acquire and use knowledge, and this ability can only be transformed into property rights if it is used well. Knowledge is dead and wisdom is alive. Without the application of living wisdom, dead knowledge is worthless.
There are many legends in China, which show that the knowledge of China people is much richer than that of Americans, such as Mulan. But Americans made "Mulan" and China's national treasure, the giant panda, into cartoons and sold them all over the world. It shows that our wisdom is not as good as that of Americans.
It can be seen that wisdom is far more important than knowledge under the intellectual property system. When Chinese people accept new concepts, they are often used to them. As the name implies, many people take it for granted that intellectual property is "property knowledge" as soon as they see it. This is extremely inaccurate.
To accurately understand the essential meaning of intellectual property rights, don't just talk without practice. You should understand that intellectual property is the legal right of intellectual achievements, not knowledge.
Moreover, I think "intellectual property" is a very bad translation, which has been misleading the people of China, even the top leaders.
"Patent" is an excellent translation of English Patient. The patent system is a system in which public inventions are exchanged for monopoly.
Britain is the first country to implement patents, and the exclusive right certificate issued by the king is called the certificate of invention right. "Patent" patients are characterized by openness and monopoly. On the premise that the invention is made public, the inventor shall be guaranteed the monopoly right of his invention.
Intellectual property rights were created by Chinese mainland scholars 30 years ago. The word "patent" has existed for thousands of years. In ancient China, "patent" refers to private interests and monopoly interests.
The misunderstanding of "independent innovation"
In recent years, the expressions of "independent intellectual property rights" and "independent innovation" have swept the country.
"Autonomy" means that you can make your own decisions. "Independent innovation" has three meanings: original innovation, integrated innovation, introduction, digestion, absorption and re-innovation.
Introduction, digestion, absorption and re-innovation show that "independent innovation" does not exclude other people's things, nor does it mean "independence and self-reliance" advocated at that time.
"Independent intellectual property rights" means having exclusive rights. Exclusive rights can be obtained through various channels: independent innovation, money purchase or gifts from others. "Independent innovation" and "independence" of "independent intellectual property" are two concepts that have nothing in common.
"Independent innovation" costs money. And many small and medium-sized enterprises can't afford the high R&D expenses. "Independent innovation" should also talk about cost. If the procurement cost is much lower than R&D, why "independent innovation"? Therefore, enterprises should not only learn independent innovation, but also learn to buy, introduce and cooperate. Making intellectual property available to us is the highest realm for enterprises to implement intellectual property strategy.
The achievement of "independent innovation" is not equal to "independent intellectual property rights", in other words, creation is not equal to ownership. Without legal protection, the results created are just well-known technologies that everyone can use for free. Only when it is protected by law can the achievements of invention and creation be exclusive, and enterprises can truly have "independent intellectual property rights".
Exclusivity is a very important feature of intellectual property, and it is precisely because it can make intellectual property become the core competitiveness of enterprise competition. Because it is impossible for any enterprise to attack its opponents with scientific and technological achievements that are not protected by law and prevent others from imitating them.
The misunderstanding of "having independent intellectual property rights"
Intellectual property is a kind of private right. If Zhang San has it, Li Si can't have it anymore. "Ownership" is a repetitive expression of the same concept. Linguistically speaking, it is very wordy.
The statement of "independent intellectual property rights" is also ridiculous. Although the translation of "intellectual property" is not good, its private nature shows that any "intellectual property" is "independent property". Since there is no "non-independent intellectual property rights", how can there be "independent intellectual property rights"?
"Independent intellectual property rights" is probably put forward by the scientific and technological circles, not by the intellectual property circles.
The "independent intellectual property rights" put forward by the scientific and technological circles has also risen to one of the national strategies. Without improving the ability of independent innovation, we will never change the passive situation of being subject to people.
However, after the achievements of "independent innovation" were authorized by the Intellectual Property Office, in order to highlight the importance of "independent innovation", the word "independent" was added before "intellectual property". This is probably the origin of the statement of "independent intellectual property rights" widely circulated throughout the country.
If we really want to understand "intellectual property", the word "autonomy" is really unacceptable.
The value of "intellectual property"
"Intellectual property" is very valuable. It is reported that the iPhone is only produced in China, but Apple takes 58.5% of the profits, while China people get a pitiful 1.8%. It is equivalent to Cook earning 6.5438+0 million dollars a day, which is more than 6.5 million yuan. A brand-name LV bag sells for tens of thousands of yuan, while the leather for producing LV bags costs tens of dollars per square meter. All reflect the value of intellectual property rights.
Intellectual property is the symbol of economic development, social progress, human civilization and cultural prosperity, and the lifeline of enterprises. Successful enterprises should learn to build intellectual property barriers.
For example, the value of a trademark. Coca-Cola's trademark value exceeds $70 billion. An American company used Apple's experience in iPad trademark for reference and registered more than 60 trademarks in China Trademark Office before entering the China market.
The value of patents far exceeds the value of scientific and technological achievements. In 2009, a business leader in Guiyang told me that his company had learned a lesson and applied for patents every day for four consecutive years. Their products are sold overseas. In cooperation with foreign businessmen, they have awarded more than 20 award-winning certificates, including the first prize certificate of national scientific and technological progress in the Great Hall of the People, to prove that they are the most innovative enterprises in China. Foreign businessmen don't understand: "The technology is advanced or not, and the market has the final say. Why is your China government in charge? " However, China's science and technology award system comes from the Soviet Union. At present, only China has retained the science and technology award system in the world.
They quickly produced several patent certificates issued by China National Intellectual Property Administration. At first glance, the attitude of foreigners has changed greatly, and the cooperation has been smooth. A foreign businessman even paid Guiyang an extra $2 million to show respect for its intellectual property rights: "What is the standard of your national scientific and technological progress award and how did you get it?" We are neither clear nor interested in finding out. It's great that you can get these patents, because whether invention patents can be authorized is a unified standard all over the world. It should not be authorized, that is, it is impossible to get authorization by exhausting all improper means. "
The value of patent is sometimes higher than that of trademark brand. This is also the reason why Wang Mazi, a famous scissors brand in Beijing, and Zhang Xiaoquan, a famous scissors brand in Hang Cheng, closed down for more than 300 years. Defeated by Guangzhou Yangjiang Eighteen Sons founded by 1983. Eighteen sons of Yangjiang applied for a large number of patents, expanded the market by granting patents, monopolized the market, and finally squeezed Wang Mazi and Zhang Xiaoquan out of the market. This example shows that intellectual property rights are very important to enterprises, but patents are the most valuable intellectual property rights of enterprises, especially innovative and technology-dependent enterprises.
A business owner once asked me, "What is the relationship between trademarks and patents?" I casually said to him, "the trademark is your business card, and the patent is your chip." What he said made him suddenly realize.
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