Although China has made remarkable achievements in establishing the intellectual property system for more than ten years, after all, China has not established the intellectual property system for a long time, and the intellectual property awareness of the whole society is still very weak. There are still many difficulties and problems in intellectual property work, and intellectual property management can't keep up with the development and requirements of the situation. At present, the main problems in China's intellectual property management are as follows.
1. The construction of intellectual property management institutions does not meet the needs of the development of intellectual property work.
Due to various historical reasons, patents, trademarks and copyrights are managed by different government departments. As the patent administration authorities, trademark administration authorities and copyright administration authorities exercise the administrative functions and administrative law enforcement functions entrusted by the Patent Law, Trademark Law and Copyright Law within their respective functions and powers, the three administrative departments of intellectual property only consider their own management, lacking the overall concept of intellectual property protection, and act in their own way. This is not conducive to the development of intellectual property, and it is also not conducive to the government's comprehensive strengthening of unified leadership and coordination of intellectual property work, and it is difficult to study and solve existing and emerging problems in intellectual property work in time.
In terms of the establishment of local intellectual property management institutions, except for the relatively sound trademark management system, the copyright and patent management institutions are relatively weak. At present, most of the provincial patent administrative organs in China are public institutions, and some of them are still department-level units managed by provincial science and technology commissions, except for a few provinces and regions that are administrative bureau-level or deputy bureau-level. Sub-provincial cities, except for the patent management authorities of individual cities, are mostly departmental institutions. At present, at the county level, most independent patent management institutions have not been established, and patent management is generally managed by the achievement management department of the Science and Technology Commission. The personnel engaged in patent management are all part-time employees, and the institutional personnel are constantly changing. The copyright management institutions are also not perfect. First, the vast majority of provincial cities in China have not established copyright bureaus, and the establishment of county-level copyright bureaus is rare, and county-level copyright management institutions are basically empty; Second, the copyright bureaus established in quite a few provinces are mostly co-located with the Press and Publication Bureau and the Cultural Bureau. They only have their own brands without their own establishment, so they can't exercise their functions alone, which is not worthy of the name. Third, the vast majority of established copyright administrative institutions have difficulties in preparation, funds and office equipment, and their work is difficult; Fourth, the legal relationship between the central, provincial, municipal and county-level copyright bureaus is unclear, especially the functions of the municipal and county-level copyright bureaus are unclear, which is out of touch with copyright management and very passive.
2. The strength and means of administrative enforcement of intellectual property management can not meet the needs of the development of intellectual property work.
For a long time, intellectual property management authorities generally have problems of insufficient administrative law enforcement and weak law enforcement means. In patent administrative law enforcement, with the substantial increase in the number of patent applications, patent disputes are on the rise, and patent counterfeiting is emerging one after another. However, judging from the construction of patent management institutions, team building, technical facilities, means of transportation, communication tools and other law enforcement conditions, they are all in a backward state. In dealing with infringement, due to the lack of administrative punishment power and compensation by patent management authorities, some patent infringers have not been punished as they should, and infringement has been repeatedly prohibited.
From the perspective of administrative law enforcement of trademark management, there are also problems of insufficient strength, mainly manifested in the lack of economic compensation for the infringed when investigating trademark infringement and counterfeiting cases. For example, among the 3/kloc-0 trademark infringement cases investigated and dealt with by Xi in 198, only 4 cases were ordered to compensate for economic losses, accounting for 12.9%, and the compensation amount was only 37,000 yuan. Secondly, when investigating and dealing with cases of distributing infringing trademark goods, it is difficult to hold the producers of infringing goods and the printers of infringing trademark marks accountable for various reasons.
Judging from the administrative enforcement of copyright protection, it is still in a disorderly state. First, the problem of diversification of law enforcement subjects is serious. At present, anti-vice offices, radio and television, culture, public security, industry and commerce, and consumer associations in various provinces and cities can punish a large number of piracy and infringement cases, which seriously violates the provisions of the Administrative Punishment Law, the Copyright Law and the Measures for the Implementation of Copyright Administrative Punishment. The National Copyright Administration and the provincial copyright bureaus are the only law enforcement and punishment subjects of copyright infringement cases. Second, the focus of copyright administrative law enforcement departments in investigating major cases of piracy and infringement is not clear, and the results are not great. Third, some areas have not yet formed a regular and standardized law enforcement inspection system; Some areas have not studied and paid attention to the prevention of copyright crimes.
3. The construction of intellectual property service institutions does not meet the needs of the development of intellectual property work.
On the one hand, the government lags behind in supporting and promoting the construction of intellectual property intermediary institutions, which cannot meet the needs of the rapid development of intellectual property rights; On the other hand, the supervision of the established intermediary service institutions is not enough, especially for the patent intermediary service institutions, and for other intermediary service institutions engaged in patent technology intermediary behavior. The lack of necessary examination and management of patent technology exhibition activities leads to the phenomenon of counterfeiting patents from time to time. These acts of counterfeiting patents infringe on the legitimate rights and interests of consumers and damage the reputation of patented technology. 4. Enterprises and institutions do not attach importance to intellectual property management.
Most enterprises and institutions lack intellectual property management system, and unit leaders only pay attention to tangible assets and ignore intangible assets management. And the government has not formulated corresponding policies and taken corresponding measures in this regard. Taking patent work as an example, there are 65438+ 10,000 large and medium-sized state-owned enterprises in China alone, and there are 35 million in total, including small and medium-sized enterprises and township enterprises. Every year, the number of enterprise patent applications is only 6.5438+0 million, and only 203.065.438+0 according to the highest year of 654.38+0.996. The number of enterprise patent applications only accounts for about one-fifth of the total number of patent applications in China.
5. The ability of patent and trademark examination is still not suitable for the development of intellectual property work.
The application period of invention patent is too long, especially the invention patent in medicine can not be approved for five or six years, which has seriously dampened the enthusiasm of inventors. The backlog of review and invalidation requests is still serious, which leads to the failure to protect the legitimate rights and interests of patentees in time and effectively. Trademark registration also has such problems. It takes one or two years for each trademark to apply for a registration certificate, which makes enterprises feel extremely inconvenient. In addition, the phenomenon of repeated authorization of patents and trademarks also occurs from time to time.
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