Intellectual property rights are the exclusive right of human beings to the fruits of intellectual labour created in social practice and are an important source of social wealth. The number of technological gains with autonomous intellectual property rights reflects the strength and weakness of the competitiveness of a country and an enterprise. The object of intellectual property rights (iprs) is the product of intellectual innovation, and thus the protection of intellectual property rights is the protection of innovation. The core technology, which relies on talent and enterprise innovation, can only truly stimulate innovation and entrepreneurship by effectively protecting the intellectual property rights of the innovation owners, accelerating the pace of innovative nation-building and laying the foundations for the world's technological power-building。
Comrade xi stressed: “increased enforcement of intellectual property protection and improved systems of intellectual property services.” since the reform and opening up, the level of intellectual property protection has been increasing. In particular, since its eighteenth anniversary, the central party, with comrade xi at its core, has made a series of major policy decisions and deployments for the implementation of the intellectual property strategy, as well as a series of reform measures that have contributed to the historic achievements of the development of our intellectual property enterprise. The number of applications for patent and trademark inventions has remained stable in the world for many years, the protection of intellectual property rights has increased, the pace of rights protection has increased and the rights of various subjects of innovation have been equally protected by law. My country has also acceded to almost all the world's major international intellectual property conventions, and the status of a major intellectual property power is firmly established。
In my country, intellectual property protection mechanisms are gradually being improved. First, the leading role of judicial protection is exercised. From 2014 to early 2018, three specialized intellectual property courts and 15 specialized intellectual property courts were established in beijing, shanghai and guangzhou. At the same time, a series of investigations have been carried out in the trial to improve the professionalization of intellectual property justice and the operational capacity of judges. Second, the increasing capacity of executive enforcement of intellectual property rights provides more accessible means of protection for rights holders. At present, the administrative enforcement of intellectual property rights in our country has developed a more complete system. At the same time, a number of multisectoral, cross-regional joint intellectual property enforcement and collaboration mechanisms, as well as cross-border cooperation mechanisms, have emerged. Thirdly, multiple dispute resolution and tort prevention mechanisms have been developed. With the increase in the number of intellectual property cases and the innovation of social dispute resolution mechanisms, multiple dispute resolution mechanisms, such as conciliation, arbitration and so forth, have been introduced into the resolution of intellectual property disputes, with good protection。
At present, building the world's scientific and technological power and promoting the rule of law in all its aspects presents a major opportunity to improve our intellectual property protection system and to enhance our intellectual property protection capacity. The use of new technologies, particularly big data and artificial intelligence, poses new challenges to intellectual property protection. We need to seize the opportunities and meet the challenges, continue to promote the regularization and rule of law of intellectual property protection and improve intellectual property protection mechanisms。
Play a leading role in the administration of justice. (b) further develop the development of specialized courts and specialized courts on intellectual property, explore the establishment of a unified court of appeal for intellectual property, hear intellectual property appeals and direct the conduct of intellectual property trials throughout the country. Improve intellectual property justice mechanisms, promote the “third instance” of civil, criminal and administrative cases of intellectual property and strengthen the interface between intellectual property administrative enforcement and criminal justice. (c) explore mechanisms for cross-regional expatriation of intellectual property cases to break local protection of violations. (b) promoting a multifaceted mechanism for identifying technical facts, improving rules of evidence, accurately identifying economic disputes and the nature of economic crimes, and better exercising the leading role of judicial protection of intellectual property rights。
Reform of the relevant administrative model. Promote reform of intellectual property administration mechanisms, harmonize enforcement standards and improve enforcement effectiveness. Distinguishing administrative authority from administrative enforcement, centralizing the authority of the registry, separating administrative law enforcement agencies, strengthening the coordination of intellectual property administration, market regulation and legal supervision, and providing fair protection of the rights of the rights holders concerned, based on the principle of transparency. To improve the multi-dimensional dispute resolution mechanism, to explore the appropriate separation of the executive branch's approving functions, service functions, quasi-judicial decision-making functions and conciliation functions, to establish multiple methods of settlement of intellectual property disputes, such as arbitration, conciliation and consultation, and to rationalize the boundaries between the various avenues of redress and create advantages and complementarities。
Continued improvement of intellectual property legislation. As a result of our accession to the world trade organization, our country has taken the initiative to improve its intellectual property legal system by successively amending patent laws, trademark laws, anti-improper competition laws, etc., and is intensifying the revision of copyright laws. At present, the relationship between the civil code and intellectual property legislation should be actively explored in the context of the codification of the civil code. At the same time, improving antimonopoly and anti-unfair competition rules relating to intellectual property rights and exploring ways to protect genetic resources, traditional knowledge, folklore, etc. To explore legal protection models for the development of new technologies and the innovation of business models in the context of the growing application of new technologies. (c) increase the penalties for intellectual property violations, increase the statutory cap on compensation for intellectual property violations, and attempt to establish punitive compensation systems for intellectual property violations such as patents, copyrights and so forth, raising the cost of intellectual property violations。
(by professor, university of beijing law school, director, international centre for intellectual property research)
Daily people's journal (08/07/05th edition of 2018)
