The forms of intellectual property barriers are complex and diverse, and the fields of activities in international trade are gradually expanding, the commodities involved are gradually increasing, and the impact on import and export trade of relevant countries is gradually deepening. As a developing country, China needs to introduce advanced intellectual property technology from developed countries and encourage export trade to promote economic development. Therefore, while developing trade, China will inevitably encounter various forms of intellectual property barriers. According to different intellectual property barriers, China should take different countermeasures.
(1) Establish an enterprise intellectual property strategy. The enterprise is our city.
The main body of market economy is also the main battlefield for the use of intellectual property rights. Since 1990s, foreign companies have applied for a large number of patents in response to the five-year plan put forward by China, setting patent traps in the future development fields of many industries in China, preventing China enterprises from independently developing technologies and controlling the development of these industries. In this regard, China enterprises and the government should fully realize the crisis and challenges faced by enterprises and national industries, and truly establish the awareness of intellectual property rights. We should not only attach importance to the intellectual property rights of foreigners, but also strengthen the development of independent intellectual property technologies and implement the patent deployment strategy. Implementing intellectual property strategy is an urgent need for China enterprises to integrate into the world economy. Intellectual property strategy refers to a series of strategies and means to use intellectual property protection system to fully safeguard their legitimate rights and interests, gain and maintain competitive advantages and curb competitors, and seek the best economic benefits. [6] Enterprise's intellectual property strategy refers to the strategies and means that enterprises use intellectual property protection to seek the best economic benefits in order to gain and maintain market competitive advantage. As far as China enterprises are concerned, many enterprises ignore the application of technology in product development and market development, and many products have low technology content, high consumption of raw materials and low efficiency. In this situation, only by establishing the operating mechanism of scientific and technological progress with enterprises as the main body and strengthening the strategic application of intellectual property rights of enterprises can we fundamentally change the defects in the protection and application of intellectual property rights of Chinese enterprises, truly improve their economic performance and enhance their international competitiveness.
(2) Enhance the independent innovation ability of enterprises. China enterprises face
The dilemma of intellectual property barriers is fundamentally the result of China enterprises' lack of technological innovation and core competitiveness. Therefore, enterprises should attach importance to their own technological innovation, realize the importance of intellectual property rights under the globalization of the world market, increase investment in technology research and development, and form the core competitiveness of enterprises. Actively promote the cooperation among enterprises, enterprises, scientific research institutions and universities, and realize the enjoyment of intellectual property rights by means of joint development, joint investment and joint protection. Enterprises should increase investment in scientific research, and the state should also choose strategic industries to support enterprise technology development.
(3) Actively responding to international intellectual property infringement lawsuits. China enterprises, especially foreign trade enterprises, should change their concepts, change their passive attitude towards intellectual property disputes in the past, and actively respond to international intellectual property infringement lawsuits. A considerable number of domestic enterprises have no infringement of their own, but they often give up the opportunity to respond for fear that litigation will affect the development of enterprises, and lose the opportunity to safeguard their own rights and interests in vain. Enterprises that infringe their rights also pay higher than normal infringement fees for one reason or another. At the same time, the business circles in China should also attach importance to the establishment and perfection of the Chamber of Commerce, and form an enterprise alliance with effective organization, coordination and extensive participation, which will help to strengthen the efforts to seek support from all sides, including the government.
(four) in-depth understanding of international rules and major national knowledge.
Legislation and practice of property law. China is a member of the WTO. Enterprises should pay attention to the provisions of WTO and TRIPS on intellectual property rights in foreign trade. At the same time, we should also understand the laws and practices of major trading countries on intellectual property rights, master their main legal provisions, legislative trends and court cases, and avoid hitting intellectual property barriers to the greatest extent. For example, the principle of exhaustion of intellectual property rights should be grasped by the principles adopted by major trading countries at present. If the target country adopts the regional principle, enterprises should pay special attention to intellectual property rights when conducting foreign trade activities.
Enterprises importing patented technology should make clear and detailed provisions on the parallel import of patented products when signing contracts. The nature of the license should be clearly stipulated in the contract. In the case of exclusive license, it should be stipulated in the contract that if the second party imports patented products without authorization in the future, the technology provider should be responsible for negotiating with the infringing third party. At the same time, it should be noted that the contract products should be produced and sold within the territory stipulated in the contract. If it needs to be exported to a third country with parallel patents outside the region, it should be approved by the patentee of the importing country. Foreign trade operators engaged in import business should pay attention to whether imported goods infringe the rights of domestic patentees. Where an imported product has a valid patent right in China, it shall be imported only after obtaining the permission of the patentee in that country. For some foreign enterprises to set up barriers and monopolize the market by using the intellectual property rights contained in the factual standard, domestic enterprises can unite to resist or resort to the court for settlement. If necessary, they can apply to the state to start the trade barrier investigation mechanism and investigate foreign technical barriers. For some countries that use domestic laws to retaliate against foreign products under the pretext of intellectual property rights, they can take anti-retaliation measures or resort to the WTO dispute settlement mechanism.
In addition, China should strengthen the study of TR IPS rules and abolish the export inspection system for customs protection of intellectual property rights. TR IPS agreement stipulates that intellectual property inspection can be carried out on exported goods, while intellectual property inspection on imported goods is the minimum standard stipulated by TR IPS. As a developing country, China is backward in overall scientific and technological level and is at a disadvantage in international protection of intellectual property rights. China only needs to meet the minimum standards stipulated in TR IPS agreement, so it can meet this standard and protect the interests of enterprises and countries to the maximum extent. Therefore, China should focus on import inspection, and export inspection can be cancelled, which is in line with China's economic development level and the minimum standards stipulated in TR IPS Agreement, and is conducive to improving customs administrative efficiency and preventing illegal foreign businessmen.
People use this to stop the export of our products.
(5) Accelerate the training and management of intellectual property talents. At present, the competition between enterprises and even countries is actually the competition of talents. Whoever has more talents can gain an advantage in the competition. With the full integration of China and the world economy, China enterprises will face more and more competition from international enterprises, especially when intellectual property barriers will restrict China's foreign trade more seriously. If China enterprises don't pay more attention to the cultivation of intellectual property talents, China enterprises will lose the market they need for future development because of the loss of "intellectual property talents".
In short, in the face of increasing international intellectual property protection, only by promoting intellectual property strategy, actively applying for patents, developing independent intellectual property rights and other measures can China enterprises avoid suffering, and the double-edged sword of intellectual property rights can be used by China itself. To this end, we must strengthen education and publicity, raise the awareness of intellectual property protection of the whole people, and formulate a national intellectual property strategy in order to enhance China's scientific and technological and economic competitiveness, better participate in international competition and win.
At the same time, we should recognize the so-called "trade liberalization" advocated by developed countries and thoroughly understand that developed countries protect their national interests through more subtle, retaliatory and overbearing intellectual property protection means in non-tariff barriers. Only in this way can we formulate corresponding countermeasures and use appropriate policy means to carry out reasonable attacks, so as to achieve the purpose of safeguarding our own national interests.