From Made in China to Created in China: How does the government build an independent innovation environment?

In contrast to the macro-level institutional promotion, there are more and more news about intellectual property rights at the micro level. The most interesting is the patent litigation with great influence. In the communication industry alone, there have been many patent lawsuits, including almost the most leading manufacturers in China and the most mainstream manufacturers in the world. Experts pointed out that the increase of patent litigation is closely related to two factors: first, China has built a good and clear environment for intellectual property protection after years of efforts, and only in this environment will patent disputes between enterprises be resolved through litigation, otherwise they will either swallow their words or fail through administrative mediation; Second, China put forward the grand strategy of industrial transformation from "Made in China" to "Created in China", which will inevitably lead to fierce collisions and disputes between enterprises in the ownership and calculation of intellectual property rights. Zhang Ping, vice president of Peking University Intellectual Property Research Institute, pointed out that earlier when designing the patent law, China arranged the patent litigation management organ, that is, the patent law enforcement organ, to mediate patent disputes. Zhang Ping believes that the establishment of such a system is based on China's original planned economy system, and there is no such system in other countries. In this context, many institutions and enterprises are unlikely to solve patent disputes through court proceedings, but prefer to go to law enforcement departments for reasoning or help, thus achieving a "China phenomenon". But there is no doubt that this phenomenon is out of date in today's globalization and internationalization. As the western proverb says, the wind can enter, the rain can enter, but the king can't. It clearly shows the sanctity of private rights. Patent right is a kind of private right. Zhang Ping believes that the protection of such private rights should be mediated by the parties themselves and resolved through the court. In other words, the government should maintain a neutral attitude and refrain from any administrative intervention. Give enterprises a fully free and fair judicial environment, so as not to be offside, absent or absent. Not intervening in patent litigation essentially reflects the government's strong confidence in its own intellectual property protection mechanism and market competition order. And this kind of self-confidence can make innovation truly transcend litigation and become the source of power for social progress. The United States is regarded as a model for the world to attach importance to innovation and intellectual property protection, but it has never been completely involved in patent litigation. Because of this, the number of intellectual property litigation between enterprises is leading in the world. Microsoft, Apple, Qualcomm and other well-known enterprises have to deal with dozens of lawsuits every year, amounting to hundreds of billions of dollars, but the development of enterprises has not been greatly affected, and the innovation of the whole society has been continuing. For China, it is of great significance to abandon "Keynesianism" in patent litigation. Because this not only reflects the courage to face up to the reality of strategic transformation, but also a vision for the future. It goes without saying that although China's manufacturing industry has made great progress in recent years, there is still a long way to go to complete the transformation from "Made in China" to "Created in China". On the one hand, the progress of an enterprise is not achieved overnight, and it takes time to complete its own technology accumulation. More importantly, the domestic intellectual property protection environment and market competition order still need to be improved and in line with international standards. In order to urge China enterprises to carry out business activities in accordance with the prevailing rules of the market economy game from the beginning of the domestic market, so that they will not be acclimatized when they go out to participate in international market competition in the future. For enterprises, it is even more necessary to stand firmly in the bone marrow: only excellent innovation is the best way to get rid of patent litigation and maintain leap-forward growth. Sheltering the government may be able to seek temporary peace or even short-term victory for itself, but in the long run, becoming bigger and stronger is undoubtedly a kind of self-strangulation. Obviously, the deeper China enterprises participate in international market competition, the more intellectual property disputes they will face. In dealing with the intellectual property rights of others, we should break away from narrow nationalism and narrow self-esteem and actively solve the intellectual property rights demands of western companies through friendly consultations; In the field of relatively backward technology, it is not shameful to use other people's intellectual property rights for compensation, which has nothing to do with national dignity. It is obviously short-sighted to avoid intellectual property issues or blindly seek protection from the government in order to pay less patent fees and miss the opportunity to participate in the vast international market competition. If the negotiation fails to reach a consensus and escalates into an intellectual property lawsuit, we should also treat it with a normal heart. When enterprises can't negotiate the royalties of patented technology or meet the conditions of cross-licensing, it is normal business behavior for private, state-owned, Chinese-funded or foreign-funded enterprises to seek a fair third-party ruling through judicial channels. Enterprises are good at using legal means, or market economy means to solve problems, which is the legal and truly mature performance of China's intellectual property protection environment. Xu Junqi, director of the Intellectual Property Center of the Institute of Telecommunications, Ministry of Industry and Information Technology, believes that intellectual property litigation is a means of application and protection, and it is the right choice for enterprises to take it as a competitive strategy. From this perspective, patent litigation has become a sharp weapon for enterprises to compete. But the shield at this time and the spear at that time depend entirely on the tempering, learning and epiphany of enterprises in the patent war. In essence, some China enterprises, which seemed to be at a disadvantage in patent litigation at first, have been able to skillfully use patent litigation today through continuous learning, efforts and growth. In fact, solving intellectual property disputes between enterprises through legal channels is a mature common practice in all countries of the world, and it is also a basic code of conduct that a society with a sound judicial system and a good intellectual property environment must adhere to. China's efforts and contributions in intellectual property construction are obvious to all and have been recognized by the international community. Therefore, in the face of enterprise patent litigation, we should continue to uphold the frontier posture in parallel with the international community and remain neutral. Giving intellectual property litigation to the market and the judiciary is not inaction, but adherence to the principle of not being offside. If "Made in China" is to move towards "Created in China", it is very important to establish a competitive order and an intellectual property protection environment in line with international standards. Only in this way can enterprises be willing to invest in innovation, and an industrial culture that respects, enjoys and enjoys innovation can be truly established, and the spring of innovation in the whole society will come.