Relevant experts said that at present, with the continuous integration and development of the Internet and traditional industries, the innovation and application of business models have become an important force to promote industrial transformation and upgrading, and have also helped many start-ups achieve rapid growth. However, according to the relevant laws and regulations of our country, the business model can not be protected by patents, and many enterprises lose their market competitiveness because their business models are imitated, which leads to the infringement of their core intellectual achievements. Therefore, under the upsurge of "internet plus", how to realize effective intellectual property protection has become an urgent problem.
The phenomenon of subversion and imitation of traditional industries has increased.
Move your fingers and download a software on your mobile phone, which makes shopping, dining, entertainment and calling a car fast and convenient. This is the convenience brought by many new business models in the "internet plus" era. "In recent years, the Internet industry in China has shown a rapid growth trend, which mainly depends on the open policy implemented by China, the innovation ability and orderly management of enterprises." Fu Wei said.
According to statistics, there are about 4 million Internet websites in China, with over 600 million netizens and over 500 million mobile phone users. The growth rate and coverage of the Internet have also surpassed that of developed countries such as the United States. With the rapid development of the Internet, the innovation and application of new business models have gradually become the mainstream of the market, leading the industry to achieve industrial upgrading and structural adjustment.
Encouraged by the "internet plus" tide, more and more traditional industries began to embrace the Internet. The emergence of the Internet not only subverts some traditional industries, but also challenges the existing intellectual property protection system.
"Under the situation of" mass entrepreneurship and innovation ",it takes a lot of cost to create a new network operation mode, but the future income is uncertain. However, after some enterprises started new business models, mutual imitation and disorderly competition among enterprises became more and more fierce, and the lack of effective intellectual property protection seriously hindered industrial development. Therefore, the voice of enterprises demanding patent protection for Internet business models is increasing. " Fu Wei said.
In the interview, the reporter learned that, unlike traditional industrial products, in order to win the favor of users, Internet companies are constantly making efforts in product innovation and improving user experience, and this business model innovation in the aggregation, dissemination and application of information content relies on the same underlying technology. The gap between Internet companies is not big, but the business functions presented to users reflect the value of the company. Therefore, under the background of the continuous integration of traditional industries and Internet industries, the proportion of underlying technological innovation is decreasing, while the proportion of business model innovation is increasing. Compared with technological innovation, it is obviously easier to imitate business models. Therefore, strengthening the intellectual property protection of new business models has become the common aspiration of many Internet companies.
Stimulate the vitality of innovation to meet the needs of development
How to establish a perfect intellectual property protection system and support the innovation of business models of Internet enterprises, the report puts forward the following suggestions: First, it is suggested that the new business model of "internet plus" should be clearly included in the object category of patent law; Secondly, the "creativity" standard of patent should be relaxed appropriately, and the user experience should be considered as a factor for significant progress; Thirdly, business method patents should be included in the protection object of utility model patents in time to adapt to the short iteration period of Internet products and create new types of intellectual property rights for new business models.
In Tenpay's view, whether we can realize and meet the practical needs of intellectual property protection in the era of "internet plus" will have an important impact on the sustainable and healthy development of the Internet industry in China in the future. "By strengthening the intellectual property protection of the new business model, we can further stimulate the creativity of enterprises from the legal level, encourage and support small and medium-sized enterprises to carry out micro-innovation, and help small and medium-sized enterprises to have the capital to compete with large enterprises, thus solving the problem of patent scarcity of small and medium-sized enterprises in the Internet field and finally realizing the vigorous development of small and medium-sized enterprises." Fu Wei said.