First, the main goal of implementing the innovation-driven development strategy is to develop core technologies with independent intellectual property rights.
In recent years, the innovation-driven development strategy has frequently appeared in the major reports of the party and the country, and has been given an unprecedented important position and positioned as the core of China's development strategy. At the same time, intellectual property rights have also been promoted to the height of the national development strategy. Hu Jintao pointed out: "In today's world, the core competitiveness of a country is increasingly manifested in the ability to cultivate, allocate and adjust intellectual resources and intellectual achievements, and in the ability to own and use intellectual property rights."
At present, the world's economies have been connected by modern information technology and means of transportation into an inseparable three-dimensional network composed of many countries, and almost all countries have been included in its operation system. Most developing countries are in an incomplete stage of industrialization and are not suitable for the competition of intellectual property rights, but the wave of globalization forces all countries to face the trade competition all over the world. Therefore, it is urgent for governments of all countries to familiarize themselves with the international intellectual property system as soon as possible, guide domestic enterprises to enhance their competitive strength in intellectual property rights, and maximize national interests in international trade. At present, the major developed countries and regions in the world have implemented the intellectual property strategy without exception, which leads to the technological competition among them not only the competition of technological progress, but also the competition of technological monopoly among developed countries and between developed and developing countries. Since 1980s, developed countries have made unremitting efforts to introduce international protection of intellectual property rights into the process of world trade liberalization. 1994, the United States resolutely withdrew from the international coordination of patents initiated by WIPO and resumed the Uruguay Round negotiations, which led to the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS Agreement), which was adapted to the standards of developed countries, and raised the intensity and scope of intellectual property protection to an unprecedented height, forcing developing countries to accept the agreement. Developed countries such as the United States, the European Union and Japan monopolize and control the spread and utilization of advanced technology on a global scale by constantly strengthening the protection of intellectual property rights and using legal and non-legal means. For example, in the fast-track authority HR 3009 in 2002, the United States said: "The main negotiation goal of trade-related intellectual property rights in the United States is to ensure that any multilateral and bilateral intellectual property trade agreements involved in the United States can reflect similar protection standards in the domestic law of the United States; Provide strong protection for new technologies emerging in the field of intellectual property rights and new means of disseminating products. "
In addition, many multinational companies have formed technology alliances, and through a series of agreements and contracts, they have pooled their own technology patents into a "patent pool". At the same time, they strive to bring patented technology into the standard, skillfully construct the global technology licensing strategy into the standard licensing strategy, and form a chain of "technology patenting-patent standardization-standard monopoly". Its strategic purpose is to form an oligopoly market in the market, realize technological monopoly and control the market, and exclude all competitors. After 2006, although China's dependence on foreign trade has been declining steadily, the General Administration of Customs announced that China has made progress in 20 1 1.
The dependence on foreign trade is still as high as 50. 1%. Foreign countries used intellectual property protection to resist China's foreign trade, which caused great losses to Chinese enterprises.
In view of the above background, China regards strengthening independent innovation ability as the strategic basis of scientific and technological development and the central link of adjusting industrial structure and transforming economic development mode. As the most important index to measure the capability of independent innovation, it is the core technology with independent intellectual property rights, and occupying the strategic commanding heights of future development through this core technology is the main goal of implementing the innovation and development strategy in China.
Second, the implementation of intellectual property strategy is to provide the necessary path and legal guarantee for the innovation-driven development strategy.
2 1 century is the era of knowledge economy, and knowledge has become the most important factor among all production factors, which plays an extremely important role in economic growth. However, the role of intellectual property rights in economic growth is not natural, it is related to the optimal allocation and effective utilization of a country's intellectual resources. China's promotion of intellectual property rights from the purely mandatory and operational legal category to the macro level of national development strategy is the need to adapt to the international and domestic economic and political situation. The main content of intellectual property strategy is the creation, management, protection and application of intellectual property, which is an important part of the national innovation-driven development strategy. Compared with the two, the innovation-driven development strategy has higher conception, wider scope, stronger operability and clearer direction.
Take the patent system, an important part of intellectual property rights, as an example, its essential attributes are two points: one is to realize the monopoly (profit) of technology implementation through legal means; The second is to realize the written disclosure of technical information and technical rights. Patent right is not a complete monopoly of technology, but only the profit-making implementation of technology, and does not limit the dissemination of technical information. Through patent announcement, 95% of the world's inventions can be found in patent documents every year, while the technical solutions published in patent documents and other scientific and technological information sources only account for 5.77%. It can be seen that the patent system is conducive to the spread of technology. In the conception and project establishment stage of scientific and technological innovation, patent literature retrieval can avoid the conflict with authorized patents, and enable us to legally learn from and use the existing innovation achievements. In the research and development stage, closely follow the dynamic changes of patents related to innovation projects, apply for patents in time, and protect innovation achievements by legal means.
Therefore, the implementation of intellectual property strategy is to provide the necessary path and legal guarantee for the innovation-driven development strategy, and the ultimate goal is to maximize national interests. At the same time, we should see that intellectual property rights are a double-edged sword for a country, especially for developing countries. Implementing the intellectual property strategy not only means strengthening intellectual property protection. At the same time, there will be corresponding disadvantages; For example, the TRIPS Agreement after China's entry into WTO deprived China of the freedom to decide intellectual property protection according to its own development. At present, the level of intellectual property protection in China may exceed the level of social development. Therefore, the state should comprehensively consider the major conflicts of interest caused by intellectual property rights, such as the balance between private interests and public interests, the conflict between long-term interests and current interests, and the conflict between industry interests and regional interests. Therefore, when implementing the national intellectual property strategy, China cannot simply imitate the practices of the United States and Japan as intellectual property powers. On the one hand, we should pay attention to strengthening market competition regulation and eliminate the disadvantages of strong protection of intellectual property rights under TRIPS agreement; On the other hand, it is necessary to establish and improve an innovation system that is in line with China's actual conditions, actively cultivate independent intellectual property rights, aim at developing and upgrading the country's core competitiveness, and aim at promoting and safeguarding national interests.
Three, the implementation of innovation-driven development strategy and intellectual property strategy must be based on the basic national conditions.
The report of the 18th National Congress of the Communist Party of China pointed out: "The general foundation for building Socialism with Chinese characteristics is the primary stage of socialism, and China's international status as the largest developing country in the world has not changed. To promote reform and development in any aspect, we must firmly base ourselves on the greatest reality of the primary stage of socialism. " The positioning, strategy and specific implementation mode of China's innovation-driven development strategy and intellectual property strategy,
This depends entirely on the specific national conditions of China, and we must establish and improve a national innovation system that can meet the challenges at home and abroad.
Innovation is to open up a new road in the barren hills of Yuan Ye, and also to climb to a higher goal on the shoulders of predecessors. The technological development stage of many industries in China is changing from the stage of introducing technology and tracking technology to the stage of combining independent innovation and introducing technology. Many innovations are improved on the basis of follow-up research and digestion and absorption, rather than original innovations. Enterprises are the real subject of innovation, and the motivation and purpose of independent innovation of enterprises are to obtain excess profits and relative competitive advantages, so an environment suitable for enterprise innovation is particularly necessary. How to provide an appropriate innovation environment and innovation policies according to the actual situation of enterprises and provide perfect public services for independent innovation is an important issue faced by local governments.
Since the reform and opening up, many private enterprises in China have achieved the leap of small products and big markets through simple imitation, accurate imitation and independent innovation. However, from 2008 to now, in just a few years, the news of China's private small and medium-sized enterprises' production reduction and closure swarmed in. China's manufacturing industry is facing an unprecedented crisis. Industrial clusters are gradually disintegrating, labor costs are getting higher and higher, the credit system is rejected, the appreciation of RMB is accelerating, and land prices and rents are rising. The aggregate effect of various comprehensive factors has led to the overall deterioration of the manufacturing environment in China. At the same time, many local governments have issued policies to encourage enterprises to transform and upgrade, focusing on forward-looking high-tech enterprises and putting forward the strategy of "changing cages for birds" to crowd out and suppress "low-end backward" enterprises. In fact, there is nothing wrong with industrial transformation and upgrading, and there is nothing wrong with "low-carbon environmental protection", but it will not happen overnight. The manufacturing industry has its own laws, which are independent of people's will. Industrial upgrading and progress is the inevitable choice of the market, and market competition is the biggest driving force for upgrading. Many manufacturing industries in our country are at the low end of the industrial chain, but what kind of trees and birds to raise, many labor-intensive traditional manufacturing industries are the starting point of our family, which is of great economic and social significance. When formulating policies to encourage innovation and industrial restructuring, we should fully consider the national conditions and market conditions, and we should not be overjoyed and pursue formalism when implementing the intellectual property strategy.
The national intellectual property strategy formulated by China emphasizes maintaining the balance of interests among patentees, inventors and the public, and maintaining the balance between encouraging technological innovation and encouraging technology transfer and diffusion. In reality, the innovation ability of most enterprises in China is very low, mainly imitating and improving innovation. Therefore, for local governments, it is necessary not only to protect the legitimate rights and interests of foreign rights holders, but also to maintain local economic development. How to strike a balance between them is the key of intellectual property protection strategy. Foreign competitors use the intellectual property system to set up obstacles for users or potential users of related technological and cultural achievements, and prevent competitors from entering the scope of technological and cultural achievements of obligees. In this regard, we should take the maximization of national interests as the principle, while reducing the disadvantages of strong protection of intellectual property rights, encourage domestic qualified enterprises to actively innovate and improve their core competitiveness.
The report of the 18th National Congress of the Communist Party of China pointed out: "Adhere to the road of independent innovation with China characteristics, plan and promote innovation with a global perspective, improve the original innovation, integrated innovation, introduce, digest, absorb and innovate again, and pay more attention to collaborative innovation". At present, we have entered the third industrial revolution, that is, the digital revolution, with smarter software, more sophisticated robots and more convenient network services. In this era of great economic transformation, we should base ourselves on the national conditions, hide our strength, and enhance national self-esteem and self-confidence. We should not only be satisfied with following imitation and working outside, but also actively promote the construction of independent innovation system with reasonable structure and open competition, actively promote the implementation of intellectual property strategy, coordinate the relationship among the subjects in the innovation system with intellectual property system, persevere, and finally improve the core competitiveness in an all-round way and realize the grand goal of Chinese national rejuvenation.