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Accelerate the transformation of achievements and break through the bottleneck of intellectual property rights

recently, the national development and Reform Commission, the Ministry of science and technology, the Ministry of finance, the State Administration for Industry and commerce, the national copyright administration, the State Intellectual Property Office and other six departments jointly issued the guiding opinions on establishing and improving the intellectual property trading market. This document, which aims to promote the standardized development of intellectual property trading market and build a multi-level intellectual property trading market system, once again focuses people's attention on the topic of intellectual property protection

previously, at ipchina2007 and the China Information Industry Intellectual Property and technology standards Summit Forum, many expert representatives and business people also expressed their concerns about the weak awareness of intellectual property protection and insufficient application

the transformation of achievements is the key

as the importance of intellectual property for the development of information industry cannot be underestimated, everyone has begun to pay extensive attention to the work of intellectual property. However, the intellectual property rights and patent achievements of many enterprises did not play the role of their business strategy "killer", but were sealed in the honor room by enterprises, which became a gimmick for external publicity and did not convert it into production capacity

the reason is that the level of patent achievements of some enterprises is relatively low and cannot be applied to the current industry, which makes China's industrial development have to rely on foreign investors, seriously hindering the optimization and upgrading of industrial structure. Zhai YeHu, associate professor of the Law School of Capital University of economics and trade, said in an interview with China Electronic News: "Chinese domestic enterprises have core independent intellectual property products, which have been successfully used on a large scale in Yunnan Jinding Zinc Industry Co., Ltd. for the first time; in 2015, only three tenths of the enterprises accounted for, and 99% of the enterprises did not have patent rights. The seemingly prosperous color TV industry also became a labor-intensive processing line because liquid crystal and flat panel, which account for more than 70% of the value of color TV, rely on imports and lack independent strategic intellectual property rights."

at present, after developing new technologies and making core chips, some foreign companies with advanced technology choose to process them into complete machines in China and then sell them to the market. The problem is that if a product has core technology, it can obtain exclusive profits, while the value-added of the whole machine processing and manufacturing part is very small. Intellectual property fees are often charged in proportion at the terminal, which makes the profits of machine processing enterprises insufficient to pay for intellectual property fees. Without profits, enterprises have no incentive to carry out product research and development and production. Unreasonable application of intellectual property rights has become a huge obstacle to the development of the complete machine industry

according to a statistical data released by the State Intellectual Property Office, as of November 2007, 204723 invention patents were applied in China with addresses from Japan, 136875 from the United States, and only 17466 invention patents with addresses from China. According to the estimates of authoritative departments, "made in China" pays about 25% - 30% of the factory price for patents every year

the core competitiveness and technological innovation ability of enterprises are weak, which is not strong for the protection and application of intellectual property rights, and is extremely unfavorable for Chinese enterprises to expand foreign trade. According to the statistics of relevant departments, since China's accession to the WTO, Chinese enterprises have encountered more than 20 major international patent disputes, with litigation claims amounting to more than US $1 billion. Automotive, television, MP3 chips, chemical materials and other industries have encountered international patent disputes

application is fundamental

with the development of various property rights markets, technology markets and technology property rights markets, the variety of transactions is increasing, and the transaction volume is increasing year by year. In particular, the substantial increase in the volume of intellectual property transactions has played an important role in promoting the flow of all kinds of assets, accelerating the smooth transaction of intellectual property, giving play to the function of the market in resource allocation, improving the market economic system, and promoting the optimization and reorganization of enterprises and economic development

experts pointed out that the state's proposal for the development strategy of independent innovation has received wide response from the business community, but if the technology invested in a lot of human and material resources can not be reasonably protected and applied, that is to say, enterprises will lose their enthusiasm for technology research and development

Louqinjian, Vice Minister of the Ministry of information industry, clearly pointed out that during the "Eleventh Five Year Plan" period, intellectual property rights will be guided by the scientific concept of development, accelerate the establishment of an intellectual property operation system with enterprises as the main body, market-oriented, and the combination of industry, University, research and application, and vigorously improve the ability of enterprises to create and use intellectual property rights

under the good situation of the rapid development of the information industry, China's electronic information industry has made breakthroughs in some key technologies, especially the development of core industries such as software, integrated circuits and electronic components has accelerated, and many independent intellectual property rights and standards have been issued one after another. Since 2000, under the background that patent applications in some western countries have slowed down, China's patent acceptance has still maintained an average annual growth rate of more than 20%

Cheng Lei, intellectual property manager of China HP Co., Ltd., said, "intellectual property is the most important property of the company, and it is very important for intellectual property managers to manage this part of property well. How to find a way or way to reflect the value of the property itself, let it operate and circulate, and let it help the development and value-added of the enterprise is more important."

the government should strengthen its guidance

it was learned from relevant departments that this year, the Ministry of information industry will strengthen its work in the field of intellectual property, study the safeguard measures related to intellectual property, and improve the ability of enterprises to create and apply intellectual property; Improve the work service system of intellectual property rights in 2016; Encourage relevant institutions to establish information management and patent dynamic monitoring systems for information technology patents; Establish a coordination mechanism for international intellectual property affairs, establish some management systems in line with WTO on intellectual property, and promote cooperation between relevant intellectual property management departments at home and abroad

at the same time, the national development and Reform Commission, the Ministry of science and technology, the Ministry of finance, the State Administration for Industry and commerce, the national copyright administration, and the State Intellectual Property Office will also strengthen guidance, and gradually build, through market promotion, a system dominated by intellectual property trading markets in key regions, based on various branch trading markets, supplemented by professional intellectual property markets, with the extensive participation of various professional intermediary organizations, in line with international practices, with reasonable layout and complete functions, A dynamic multi-level intellectual property trading market system

in view of the current uneven level of patented products in China, the serious phenomenon of "junk patents" and "problem patents", Zhai YeHu said in an interview with China Electronic News: "first, the government should pay attention to the popularization and education of knowledge related to intellectual property rights, not only maintain the people's enthusiasm for innovation, but also prevent going to the other extreme - in order to achieve the purpose of improperly curbing colleagues, do not hesitate to abuse patent rights; second, improve relevant laws, and now China has launched the patent law." The preparation for the third amendment should strive to comprehensively solve the outstanding problems existing in the patent system, especially improve the examination and authorization methods of design patents, and focus on improving the utility model retrieval and reporting system. Finally, local governments should be guided to improve relevant patent fee subsidy and incentive policies, focus on subsidizing invention patents with high-tech content, conduct strict examination, and prevent applicants from maliciously applying for subsidies. " (Wang Huifang, Lin huocan)

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