Zhang wei
Innovation and its associated intellectual property protection becomes the high word when “14-5” begins。
The ccp's recommendation for the development of the fourteenth five-year plan for national economic and social development and the twenty-five-year vision sets out the development goal of “a significant increase in innovation capacity”, which calls for “a commitment to the centrality of innovation in the overall modernization and construction of the country, with self-reliance in science and technology as the strategic underpinning of national development”。
Strengthening intellectual property protection requires a higher level of legalization of intellectual property protection. In an interview with the daily newspaper the rule of law on the day of ho chi myung, deputy director-general of the national intellectual property agency, the standing committee of the national political council, said that, after decades of development, particularly since the eighteenth anniversary of the party, the protection of intellectual property rights in our country had achieved historic achievements that were recognized by the international community. My country has undoubtedly joined the ranks of major intellectual property powers, and the establishment of the rule of law for the protection of intellectual property rights, including “strict protection, great protection, fast protection, and protection”, has made remarkable achievements。
Combined power leaps fast
Continued strengthening of protection
On 2 march, the latest report was issued by the world intellectual property organization, based in geneva, switzerland. Once again, the report demonstrated the strength of china's intellectual property rights。
The report states that despite the new coronary pneumonia epidemic, the number of pct international patent applications submitted through the world intellectual property organization continued to grow in 2020. Since 2019, when china first became the largest source of pct international patent applications through wipo, it continued to receive global pct international patent applications in 2020。
According to the report, the global number of pct international patent applications grew by 4 per cent in 2020, reaching 2,759,000, creating the highest number ever. In china, the number of pct international patent applications rose by 16. 1 per cent over the same period, with 68,720 cases in the world。
Statistics from the national intellectual property agency show that in 2020, the number of patents on inventions per 10,000 people in the country (excluding hong kong and australia) reached 15. 8, and the number of valid trademarks registered reached 3. 0173 million, more than four times the number in 2012. Core patents, well-known trademarks, quality copyrights, high-quality geographical marker products, etc. Continue to grow。
The rapid rise in the combined strength of intellectual property rights has benefited from the continued increase in the protection of intellectual property rights in our country, particularly since the eighteenth anniversary of the party。
The civil code establishes significant legal principles of intellectual property protection, changes in patent law, trademark law, copyright law, and a high international standard of punitive compensation for tort, providing strong legal safeguards for strict intellectual property protection。
Through the formation of the general directorate for the supervision of national markets and the re-establishment of the national intellectual property agency, the administrative efficiency of the country has improved significantly by achieving centralized central management of patents, trademarks, geographical indications of origin, integrated circuit chart designs and integrated enforcement of patents and trademarks。
Judicial protection of intellectual property rights has been significantly strengthened through the establishment of several intellectual property courts and the establishment of intellectual property courts by the supreme people's court。
According to ho chi min, the legal framework for intellectual property law in china has been developed at the legislative level. The legal system, represented by the laws on patents, trademarks and copyrights, is in line with the prevailing international rules and even higher standards; the effectiveness of administrative and administrative enforcement has increased considerably so as to provide better protection for rights holders with a low-cost, efficient and expeditious advantage; and, in the area of judicial protection, protection has increased steadily and is at a high international level. It can be said that in all respects the achievements of intellectual property protection in our country are visible。
Lack of basic legislation
Part of the legislature is low
Increasing the level of legalization of intellectual property protection requires, first and foremost, accelerated refinement at the legislative level。
The first is to speed up the development of a special law. “there is still a gap in the current special law on intellectual property”. By way of example, ho chi min has not yet had a complete law on the protection of commercial secrets, the provisions of which are scattered in the anti-improper competition law and criminal and other laws, while the content of commercial secrets, particularly those related to technology, is increasingly in need of greater protection as our economy continues to develop。
The national political consultative council (cna) and the chairman of the nind era had expressed great concern about the protection of business secrets. He considers that it is difficult to defend business secrets and that the reliance on public security bodies for evidence also raises the question of the high threshold for the filing of cases and the lack of experience with them. To that end, he recommended that the introduction of a system of protection of business secrets should be accelerated in order to address the difficult situation of business advocacy。
The absence of special laws is also reflected in the low legislative rank of some of them. According to ho chi min, the protection of new varieties of plants is also a regulation of the state council, while the protection of geographical indications is reflected in the trademarks act, as well as in the protection of geographical signing products regulations, which are only sectoral regulations。
The second is to accelerate progress in the development of basic laws. As early as 2008, in the outline of the national intellectual property strategy issued by the state council, ho chi min stated that the need for and feasibility of developing a fundamental law on intellectual property rights had been raised. But we still lack a basic law. There had been disputes in the civil code process about the establishment of intellectual property rights, but since intellectual property rights were private rights, not private rights in the absolute sense, they also required regulation of commercial and administrative law and were therefore not eligible for incorporation。
“however, i have been advocating that a basic law on intellectual property be established as soon as possible, addressing two main issues: the problem of inconsistency and commonality in the rules of rights and obligations under the current unilateral law should be addressed first and foremost, and new problems arise in the development of intellectual property rights. For example, intellectual property issues in big data cannot be followed by the creation of single-track laws alone, which requires the adoption of basic laws to clarify basic rules. Second, there is a need to further clarify the corresponding responsibilities of governments and market players and to promote the modernization of intellectual property governance systems and governance capabilities.” ho chim ming。
Thirdly, institutional design in new areas should be accelerated. According to ho chi-min, intellectual property rights face new situations and problems, and corresponding rules need to be developed as soon as possible. For example, the issue of intellectual property rights in a network environment, where the relevant rules are currently largely in the context of platform regulation, and patent law, which contains some principled provisions, is not specific。
Actively enhancing social protection
Promoting the extraterritorial application of laws
Good governance of law, while improving the legal regime for intellectual property protection, also requires enforcement。
According to ho chi-min, following the new round of institutional reforms, patent and trademark enforcement has been integrated into integrated market regulation enforcement, and the greatest problem with the administrative protection of intellectual property rights at present is the lack of enforcement capacity and the challenges of grass-roots enforcement. The specific problems are manifested in two ways: in the weak law enforcement capacity at the grass-roots level; and in the inadequate investment in law enforcement at the grass-roots level。
At the same time, ho ji-min noted that the role of industry-based organizations at the social level was limited and that the protection of intellectual property rights was not sufficient by administrative and judicial protection and needed to be actively promoted at the social level。
Ho chi-min also focused on overseas responses to intellectual property protection. “our enterprises are more exposed to overseas intellectual property disputes in the process of `going out' and, in some countries, to long-armed jurisdictions, vulnerable to passivity.”
The central government of the democratic people's republic of korea has also focused on this issue in its proposal this year, with the growing pressure and challenges faced by “off-sea” enterprises, and the protection of intellectual property rights abroad characterized by growing disputes, a high number of passive respondents, an increase in the response rate, but still low or difficult to defend. To that end, it had proposed, inter alia, the establishment of a mechanism to support intellectual property rights abroad。
According to ho chi-min, our external legal system for intellectual property protection is still inadequate to effectively respond to overseas intellectual property disputes and needs to be improved。
