The legal framework of WTO includes three parts, namely, trade in goods, trade in services and intellectual property rights. There are many reasons for the formation of intellectual property agreements under this framework, but there are two key points: the first point is the need for the rapid growth of technological factors in modern international trade. Whether it is trade in goods, trade in services or the transfer of knowledge and technology, developed countries have high-tech support, which inevitably involves the protection of intellectual property rights. The second point is the result of the contest between technological advantage and cost advantage in modern international trade. WTO is a multilateral trade legal mechanism promoted by developed countries headed by the United States. It raises the standard of intellectual property protection all over the world, which is beneficial to the development of enterprises with independent patent intellectual property rights and core technologies.
Whether it is international trade or domestic trade, its main body is enterprises. If an enterprise wants to survive, it must have a long-term plan, which is the development strategy of the enterprise. In different social and historical stages, the market has different requirements for enterprises, and the corresponding strategic planning of enterprises is also different. If the symbol of wealth in the agricultural economy era is land ownership and the core of wealth in the industrial economy era is capital ownership, then the focus of wealth in the knowledge economy era should be intellectual property rights.
Intellectual property strategy: patent strategy, trademark strategy and trade secret strategy.
1, the position of patent strategy in modern enterprises
As an important intellectual property right, patent right embodies the legal monopoly under the condition of market economy. The patentee has obtained the exclusive right to the technology within the scope of the technology by setting a certain time limit and disclosing relevant information. Without consent, no one else may carry out any content defined in the patent claim, otherwise it will constitute infringement, and the patentee will lose the confidentiality of the technology and the possibility of permanently holding the technology.
For enterprises, the purpose of obtaining patents and disclosing technical information is to monopolize technology for a certain period of time, while the purpose of monopolizing technology is to monopolize the market. With China's accession to the World Trade Organization and the integration of global patent protection, owning a patent means owning a global market, which is particularly prominent in high-tech industries.
World-renowned enterprises regard patents as a long-term development strategy. Generally, patent investigation, patent application, patent implementation and patent defense are implemented as a systematic process, and even patents are combined with the overall image of enterprises, which is commonly known as CI(Corporate).
Identity) policy. In other words, it is a common practice of modern successful enterprises to form the overall development strategy of enterprises with patents as the backing. In the era of patent globalization, enterprises should first search for patents when developing products, and then put them into development. It is no longer meaningful for enterprises to do domestic work first. What we really want to remember is that patents must be advanced, not compared with domestic technologies, but with all patented technologies that have been applied for in China.
2. The position of trademark strategy in modern enterprises.
Implementing trademark strategy is an important event in China's current economic development, because trademark is the locomotive of economic development of a region and an industry, and it is the embodiment of the comprehensive quality and overall strength of a region and even the whole country. Implementing the trademark development strategy and cultivating national well-known trademarks is the only way for enterprises to seek long-term development.
Enterprises should strengthen quality management and technological innovation to ensure product quality and competitiveness. The development, technical transformation and introduction of new technologies and new products are the driving force for enterprises to ensure the long-term vitality of famous brands. Enterprises should also carefully investigate and understand the market demand, develop new products, and meet the needs of potential users in time.
. Only by analyzing the market, finding out the selling points of brands, constantly creating differences and improving the market share of trademarks can we establish our own trademark advantages. In addition, the establishment of brand quality after-sales service is an important guarantee for the brand to form a famous brand.
3. The position of trade secrets in modern enterprises.
The protection of trade secrets is different from patents and trademarks, and it depends more on the behavior of the secret owner. The function of law is only the follow-up relief after being illegally infringed.
Business secrets are important because they are information resources, scientific and technological achievements and important intangible assets of enterprises. Judging from the trend of protection measures for technological achievements in developed countries in recent years, the comprehensive protection of trade secrets, patents, copyrights and trademarks is an important means for enterprises to remain invincible in the fierce market competition. Therefore, how to establish an intellectual property strategy to protect trade secrets is an important issue for China enterprises, especially high-tech enterprises. However, there is a big gap between China enterprises and foreign excellent enterprises in terms of the cultivation of trade secret awareness, the research and development of trade secrets, the different choices between trade secrets and other intellectual property protection methods, and the application and management of trade secrets. The above aspects still need to be done well.
Key points and measures of enterprise intellectual property strategy
1. Intellectual property strategy is the strategic choice for China enterprises to implement sustainable development.
Internationally, the average life span of global enterprises is 12 years, and only about 20% of enterprises exceed 12 years. Some multinational companies have become evergreen trees in the international market because they have patented technology in a certain field and world-famous trademarks, and these intellectual property rights are the main source of their profits and creativity.
Under the background of globalization, intellectual property strategy should become the strategic choice for China enterprises to seek long-term development after China's entry into WTO. We are determined to become a world manufacturing factory.
, rather than the world processing factory; It is necessary to form a manufacturing industry with technological competitiveness in China, rather than becoming a processing factory without independent intellectual property rights.
2, intellectual property strategy is the strategic focus of enterprises to carry out market competition.
At present, the competition of international comprehensive strength focuses on the competition of science and technology and economic strength, while the competition of enterprise vitality mainly focuses on the dispute of patented technology and brand, in which the possession and value of patents become an important index to examine the competitiveness of a country and enterprises. If China enterprises want to gain a foothold in the competition, they must change their ideas, combine product competition with intellectual property competition, and regard the acquisition, management and protection of intellectual property as the core content of market competition after China's entry into WTO.
3. Intellectual property strategy is a strategic measure for China enterprises to carry out foreign trade.
The purpose of the World Trade Organization is to eliminate trade barriers and realize free trade. However, the international reality is that developed countries have built non-tariff barriers by relying on the advantages of science and technology and capital, while developing countries have not only lost the possibility of using tariff barriers to protect their own enterprises, but also faced new trade barriers led by developed countries in foreign trade. These trade barriers are technology-oriented and a new form of the old international economic order, so developing countries need to deal with them carefully. There are two problems that need attention: first, the technical barriers formed by technical standards and technical patents. The technical standards formed by foreign companies using patents are the concentrated expression of technical barriers. The combination of technical standards and individual patent licensing has formed a huge obstacle to the transnational global competition of China enterprises. The second is the green barrier formed by environmental protection standards and product quality standards. At present, Chinese enterprises lack the concept of green economy, there is still a big gap between environmental protection standards and developed countries, and the production of agricultural and livestock products is scattered, which cannot meet the requirements of standardized production.
WTO has brought China and the world closer together, and the China market has become a global market. China enterprises must change their ideas and make their own survival and development strategies from the perspective of global strategy. This is an inevitable choice for enterprises to seek long-term development and strive for the international market. Intellectual property rights occupy a strategic core position in the global system of WTO. China enterprises must also conform to the development trend of the times and the needs of the international situation, formulate scientific intellectual property development strategies, and continue to develop rapidly in the global competition.