2. The important influence of China's entry into WTO on China's society and economy is increasingly recognized by China people. The smooth implementation of China's economy in line with international standards is bound to be inseparable from the corresponding perfect intellectual property protection system. In this situation, the system and countermeasures of intellectual property protection will help more and more people. Emphasize the advantages and disadvantages of intellectual property protection system for China.
3. In today's society, people pay more and more attention to intellectual property rights, and legal protection rights such as trademarks, technologies, copyrights, computer software, and integrated circuit layout design have a growing impact on enterprises and markets!
4. To meet the needs of governing the country according to law. All aspects of economic construction must be brought into the scope of law. Intellectual property is to solve the sub-category problem through law.
5. Recognize the fact that although there are many technological breakthroughs in China, there are few patent achievements, and foreign patents are staking out in China.
6. Relevant contents of the Anti-Unfair Competition Law
7. Establishment of an international protection system for intellectual property rights
8. In terms of market occupation, the patentee can sue the infringer. He can not only seek monetary compensation, but also ask the court to issue an injunction to prevent the infringer from manufacturing, using and selling infringing products. For example, a high-level company can use patents to attack the infringement of a new company, because the latter lacks sufficient economic strength to deal with patent infringement lawsuits. The litigation risk of patent infringement will prevent new companies from entering the patentee's market. From the perspective of defense, the patentee can use the patent certificate to file a counterclaim against the patent lawsuit filed by others. This counterclaim tactic can force the dispute to be settled faster because of the patent certificate. Because both parties have patent certificates, such disputes are common in cross-licensing, because both parties license each other's patented technology. Patents also provide protection for venture capitalists, because investors are generally reluctant to enter the technical field, so as not to reduce the return on financial investment due to artificial barriers caused by an innovative technology. Patent certificates can also rely on potential patent licensing income, which leads to the wrong valuation of financiers' assets. Forward-looking companies realize that patents have become a double-edged sword to ensure competitive advantage and defeat competitors.
9. How lethal is intellectual property?
Chengcheng
Recently, a group of China enterprises have encountered foreign-related intellectual property disputes, which has aroused great concern from all walks of life.
According to the China Intellectual Property News, Sony has written to China color TV enterprises, demanding to pay the video technology patent fee. At present, relevant enterprises have entrusted the China Chamber of Commerce for Import and Export of Mechanical and Electrical Products to negotiate. In addition, China 17 wood flooring manufacturers were complained to the United States International Trade Commission (ITC) by three American companies, demanding a "337 investigation" on these China enterprises and taking corresponding measures.
The essence of intellectual property is the protection of interests. More and more foreign enterprises frequently set up obstacles for China enterprises by collecting "patent royalties" or launching "337 investigation", with the aim of using intellectual property rights to obtain high wealth and protect their market share. In the past two years alone, among the 18 "337 investigations" initiated by the US International Trade Commission, 9 were aimed at Chinese mainland enterprises. This demand forces China enterprises to pay a lot of financial and human resources, which restricts the development of China enterprises in order to prevent China enterprises from entering the American market. According to expert analysis, in the next few years, more and more Chinese mainland enterprises will become the "protagonists" in the dock.
Thus, on the one hand, it shows that China products with relatively backward technology and relatively low prices have narrowed the gap with foreign products, and some China enterprises have begun to develop into high-end products through technological upgrading, and their competition with multinational companies has become more intense; On the other hand, improving quality means that enterprises in China will face fierce intellectual property competition. To realize strategic transformation, we must improve international competitiveness with independent intellectual property rights. Experts at home and abroad suggest that China enterprises should apply for patents as much as possible and have independent intellectual property rights; At the same time, we can also form a patent alliance, or reach a non-prosecution agreement with the other party through cross-licensing to avoid being sued accordingly. The fundamental way for enterprises to win the initiative in intellectual property issues is to improve the ability and level of invention and creation, and strive to gradually occupy their own place in more fields, especially high-tech fields.
How lethal is intellectual property? In May 2003, seven China battery companies, such as Zhejiang Shuanglu and Fujian Fu Nan, suffered the "337 investigation", and their deepest feelings were: "If they don't answer the lawsuit, it will be a disaster." Under the difficult situation that ITC initially ruled that the infringement was established, these seven enterprises appealed in a group, and finally three months later, the final ruling was that the patent of the American plaintiff enterprise was invalid and the China enterprise had no infringement. To this end, we should follow the principle of respecting the intellectual property rights of others and firmly safeguarding our own legitimate rights and interests. In the face of "337 investigation" and other tactics, China enterprises should actively respond to the lawsuit, rather than passively retreat. (China Intellectual Property News)
10, calling for foreign intellectual property talents
Intellectual property strategy is becoming another important strategic move in China, but at present, intellectual property talents in China, especially foreign-related intellectual property talents, are very scarce. In recent years, foreign-related intellectual property talents are increasingly sought after, and foreign-related intellectual property law and management talents with practical experience are even harder to find. For example, a patent office in Shanghai offers a monthly salary of 30,000 to 40,000 yuan, but it is still difficult to find a fluent intellectual property professional. After China's entry into WTO, foreign-related intellectual property disputes have emerged one after another under the background of foreign multinational companies coming in and domestic enterprises going out. However, there are only a handful of legal talents in China who can handle these foreign-related intellectual property litigation, and they often have to turn to "outsiders". In terms of foreign-related intellectual property management, there are also few professionals who can skillfully operate international intellectual property transfer, licensing and international technical standards.
With the increasing importance of intellectual property rights, the number of intellectual property talents in China has grown a lot in recent years, but it is still difficult to meet the growing demand for foreign-related intellectual property affairs, mainly in the following three aspects: First, the level of foreign languages, especially oral English, needs to be improved; Second, the understanding of foreign intellectual property laws and international rules is limited; Third, there is a lack of practical experience and practical skills. The training of intellectual property talents in China pays too much attention to the theoretical study of intellectual property law and lacks practical training. In addition, the exchange of foreign practice is limited, and the practical experience of foreign-related intellectual property rights is even more lacking.
In order to quickly make up for the gap of foreign-related intellectual property talents, the author thinks it is necessary to start from the following aspects. First of all, it is necessary to strengthen international exchanges and cooperation and "learn from foreigners to control foreigners." For example, in May 2004, Shanghai Intellectual Property Office signed a cooperation agreement with American Education Foundation to train 50 high-level talents from 2004 to 20 10. Another example is that Philips cooperates with China Renmin University and Tsinghua University to cultivate local intellectual property talents. Of course, attracting overseas talents to return to China is also a shortcut. Secondly, colleges and universities should pay attention to distinguish between research-oriented talents and practical talents in the training of intellectual property talents, and strengthen the training of practical talents with wider social needs. Finally, enterprises, intellectual property service agencies and relevant state organs should pay attention to discovering and cultivating foreign-related intellectual property talents in practical work, because practice is often the best teacher. (China Intellectual Property News Zhan Ying)