To break the current fragmentation and structitude of intellectual property protection through systematic, full-cycle intellectual property policies and their effective implementation。
The symposium on strengthening basic research, which was held in shanghai just before, emphasized that basic research is the source of the entire scientific system and the principal body for all technical issues, and that it is essential to strengthen basic research with greater and more concrete measures to upgrade the country's original innovation capacity and to further strengthen the foundations of the scientific and technological power。
At present, global science and technology competition is advancing deep into the fundamental frontier, with primitive, subversive innovation becoming the focus of competition, and without strong basic research, core technologies cannot be broken; without high levels of primitive innovation, industrial upgrading and new quality productivity lose their source of supply. A systematic and full-cycle intellectual property policy and its effective implementation should be used to break the current fragmentation and phasing shackles of intellectual property protection and to lay the foundations for china's modernization。
Meaning of intellectual property rights for upgrading basic research and original innovation
The intellectual property system addresses market failures where innovative inputs do not match returns by granting exclusive property rights to innovation subjects, internalizing the externality of basic research. Higher education, research institutes and enterprises, particularly private economic agents, can obtain a reasonable return on the transformation of results and the licensing of use, effectively offset the cost of inputs and risks for basic research and reduce the uncertainty of innovation, thus stimulating the participation of various categories of subjects in basic research. The strengthening of intellectual property protection in the field of basic research can lead to the investment of social capital in the frontier areas and to a diversified pattern of government, market and social synergy. This has far-reaching strategic implications for the realization of the country's new national institutional strengths, focusing on a shift from “following” to “go-and-run” and even “leading” through the breakthrough of key core technologies。
The intellectual property rights regime has activated the property attributes and commercial values of the underlying research results through rights-based rules such as patents, copyrights, business secrets and intellectual property rights for data, clarifying the subject matter of rights and the content of rights and boundaries of rights, effectively resolving key issues such as the attribution of the results of the financial financing of scientific research projects, the distribution of rights and interests in job creation, and the sharing of results of cooperative research and development. In particular, as a new production factor, data derived from intellectual processes have distinct intellectual property rights attributes. Through the registration of intellectual property rights in data, it is possible to base research on the development, circulation and use of data elements to provide solid guarantees of the rule of law and to unlock the core value of data enabling infrastructure research。
The intellectual property rights (ipr) system provides a bridge between basic research and industrial applications through market-based application mechanisms such as patent transfers, licensing, value-for-money equity and pledge financing, promotes the transfer of basic research findings from universities and research institutes to enterprises, and creates a chain of innovation linked to the development of teletechnologies that translates original innovations into real productivity. At the same time, improvements in intellectual property operating platforms, trading markets and conversion service systems can significantly reduce the cost of transformation, increase the efficiency of transformation, and enable the original results of basic research to be truly enabled to upgrade and develop new quality productivity. This process requires not only legal regulation but also economic policy guidance and competition policy escorts to optimize the allocation of innovation elements。
Points for basic research and original innovation
Intellectual property rights have lagged behind and have failed to convert. Intellectual property systems are not deeply embedded in the whole process of innovation. On the one hand, the pre-envisionment of intellectual property rights in basic research results, the focus of researchers on academic publication, and the neglect of pre-entitlement of intellectual property rights, have led to the loss of the exclusive rights base of a large number of original results at an early stage of their existence, due to the absence of patent applications or confidentiality measures。
On the other hand, institutions of higher learning and research institutes are the main sources of research, and there is a general lack of specialized intellectual property operators and personnel and a weak capacity to translate results. Enterprises, on the other hand, face risks such as unclear property rights to basic research results, unclear commercialization paths and high transaction costs, which make it difficult for supply and demand to interface effectively. At the same time, the inadequate incentives for conversion of iprs, the distribution of the benefits of conversion of the results of researchers, due diligence exemptions, fault tolerance mechanisms, the intellectual property trading market, and the lack of capacity to operate platform services have led to reluctance, reluctance and inability to shift. The difficulty of translating raw innovations into real productivity is a serious constraint on the further implementation of innovation-driven development strategies。
Inadequate availability of data intellectual property systems. Data are the core elements of the digital transformation of basic research, and the accumulation of big scientific, experimental and documentary data in the field of basic research is extremely valuable, but the data intellectual property protection system is not yet complete. The “in originality” requirement of copyright law is difficult to cover scientific datasets that are systematically collected and collated; the inherent conflict between business secrecy protection models and the demand for data flows; and the ineffectiveness of using general anti-improper competition law provisions to provide stable expectations and pre-emptive rights in data protection. Although the data intellectual property registration system has been explored, its legal attributes, registration effectiveness and review criteria have not yet been harmonized and have not resulted in a stable and credible disclosure and credibility of property rights throughout the country. The lack of stable rule-of-law guarantees for the validity, circulation and transaction of basic research data, the insufficient release of data element values, constrains the efficiency of basic research and hinders the development of a new paradigm of data-driven research。
The rule of law was not well coordinated with the external security system. At the operational level of protection, intellectual property protection in the field of basic research involves a multisectoral approach involving science and technology, intellectual property rights, justice, market regulation, and so forth. Cross-sectoral coordination mechanisms for law enforcement have yet to be developed. The ability of judicial protection to identify technical facts in the field of basic research and the application of punitive compensation for malicious violations have yet to be strengthened. The dilemma of proof of rights, length of life, high cost and low compensation has not been completely reversed。
At the international level, my country's capacity to speak and rule still needs to be strengthened in its participation in global intellectual property rule-making, particularly on front-line issues related to science and technology ethics, the cross-border flow of data and the protection of artificial intelligence products. In the face of increasingly complex international scientific and technological competition and intellectual property disputes, the capacity and risk-prevention system of innovation agents abroad for our innovation subjects needs to be improved. The familiarity with and use of international neutral platforms, such as the world intellectual property organization (wipo) arbitration and mediation centre and the international chamber of commerce arbitration, to resolve cross-border intellectual property disputes is relatively low, and the pool of leading lawyers and legal professionals who can organize complaints in a coordinated manner, master international litigation and local judicial practice remains inadequate。
Promoting intellectual property rights enabling infrastructure research and original innovation
Sound provision of basic research and original innovative intellectual property systems for forward-looking layout and differential protection. Amendments to relevant laws such as the patents act, the copyright act, the scientific and technological progress act, to clarify the attribution of intellectual property rights to underlying research results and to expand the autonomy of institutions of higher learning and scientific research in the disposition of intellectual property. (c) establish a priority and centralized patent review and review mechanism for basic research, key core technical areas to enhance the quality and efficiency of reviews. To accelerate the legislative transformation of the local pilot experience of data intellectual property rights, to develop a unified national approach to registration management, to clarify the status of the registrable object of the substantially processed data collection, to establish the supportive effect of the registration certificate in the initial certificate of attribution of rights, administrative protection and judicial proceedings, and to develop a model of protection for “registration publicity + circulation of compliance + redress for violations”. At the same time, the antimonopoly act and the anti-improper competition act apply in the area of intellectual property rights by refining the criteria for identifying abuses such as denial of access to data, qualification of transactions and balancing rights protection against freedom of competition。
Create a synergistic and efficient intellectual property protection landscape that enhances the judicial effectiveness and professionalism of law enforcement. (b) to promote the professionalization of judicial protection and to strengthen the capacity of the intellectual property tribunal of the supreme people's court and the courts of intellectual property to hear new types of difficult cases, such as basic research, data ownership, and the harmonization of judicial standards. Strict implementation and refinement of the conditions for the application of a punitive compensation system significantly increases the cost of violations. Strengthening the institutional interface between the administration and the judiciary, improving the mechanisms for judicial recognition of agreements on administrative conciliation of intellectual property rights, and creating quick, low-cost and diversified channels for dispute resolution. (c) to develop mechanisms for coordinated administrative and judicial protection, and to establish multisectoral mechanisms for coordinated enforcement, such as science and technology, intellectual property rights, market regulation and networking, and to develop joint and specific actions to focus on protection。
Fostering an eco-system of policy and science, technology and innovation, contributing to capacity-building and building the foundations of international cooperation. In building national innovation systems, a combination of systems and science, technology and innovation is being driven by a combination of systems and efforts to develop high-level, specialized intellectual property management and operational entities that provide a full-cycle, chain-based service to universities, research institutes and enterprises to undertake basic research and original innovation, to design scientifically sound intellectual property laws and policies and to implement escorts and to promote sustainable basic research and original innovation. Reform of the system of scientific evaluation to include the quality of intellectual property rights and the effectiveness of their transformation in evaluation indicators. At the educational level, the integration of intellectual property courses into the system of postgraduate training in science and technology has been promoted, with a combination of scientific literacy, legal knowledge and market insight. At the international level, active participation in international rule-making consultations under the world intellectual property organization (wipo) and the world trade organization (wto) has led to the establishment of intellectual property issues involving cutting-edge science and technology and to the establishment of a more equitable international intellectual property governance order. At the same time, the development of an early warning and response guidance system for foreign intellectual property risks is being strengthened to upgrade the global intellectual property strategy layout and dispute response capacity of innovation agents。
In summary, enhancing the full cycle of protection and application of intellectual property rights is a necessary option for raising the level of basic research and enhancing original innovation capabilities. By improving the supply of institutions, strengthening the security of the rule of law and fostering an innovative environment and building an integrated system of research and original innovation on the fundamentals of intellectual property rights, it can effectively break down the challenges of insufficient investment in basic research, lack of certainty, poor transformation and poor competition, so as to activate innovation and creativity throughout society。
(by vice-president and professor, faculty of law, university of nankai, director, centre for research on competition law, university of nankai)
