China New Observation|Dong Yu: From anti-plagiarism to encouraging innovation, how can the public benefit from intellectual property protection?

　　Chinanews.com, Beijing, November 2 (Wu Tao, Song Yu, Gong Hongyu) From "anti-plagiarism in literary works" to "how to protect traditional culture", from "anti-monopoly" to "encourage scientific and technological innovation"... the protection of intellectual property rights The topic has attracted more and more public attention.

　　On October 28, the State Council issued the "Fourteenth Five-Year Plan for the Protection and Application of Intellectual Property Rights" (hereinafter referred to as the "Plan") to make arrangements for intellectual property work during the "14th Five-Year Plan" period.

　　During the "14th Five-Year Plan" period, are there more severe penalties for "plagiarists"?

Will there be further anti-monopoly in the field of intellectual property?

How does intellectual property protection ensure the public interest and encourage innovation to benefit the public?

Recently, Dong Yu, Executive Deputy Dean of the China Institute of Development Planning, Tsinghua University, accepted an exclusive interview with Chinanews.com's "China New Observation" column for an authoritative interpretation.

Drawing: Ni Wenbing

Excerpts from the interview are as follows:

Chinanews.com reporter: The "Plan" is very rich in content and puts forward the goal of "by 2025, the phased goals and tasks of building a strong country with intellectual property rights will be completed on schedule". How should we understand this goal? What are the highlights of the "Plan"?

Dong Yu:

The "Fourteenth Five-Year Plan" for the Protection and Application of National Intellectual Property Rights is an implementation plan to 2025, and the "Outline for Building a Powerful Country with Intellectual Property Rights (2021-2035)" is a long-term blueprint for 2035. Two The files together form a combination of long and short punches.

　　By 2035, China's comprehensive intellectual property competitiveness will be among the top in the world, the intellectual property system will be complete, the intellectual property culture of the whole society will basically take shape, and a world-level intellectual property power with Chinese characteristics will basically be established.

　　By 2025, in the first five years, significant results have been achieved in building a strong country with intellectual property rights, with stricter protection of intellectual property rights, reaching and maintaining a relatively high level of social satisfaction, further highlighting the market value of intellectual property rights, and a substantial increase in brand competitiveness, with 8 key points The index indicates that the number of high-value invention patents per 10,000 people will reach 12.

　　This is a systematic plan that comprehensively deploys the goals and tasks of the protection and use of intellectual property rights during the 14th Five-Year Plan period. It is a plan that highlights the protection of the entire chain and faces the whole society.

This is also a key plan, the major task of the 14th Five-Year Plan, the support for innovation, the support for technological self-reliance, the support for the promotion of industrial capacity, and the support for institutional openness.

A rigorous plan, the expression and implementation of the law must not be ambiguous, and the process of legalization of intellectual property protection reflects the efforts to promote the modernization of the governance system and capabilities.

For example, it is proposed in the "Planning" that there are 12 high-value invention patents per 10,000 people.

"The number of high-value invention patents per 10,000 population" refers to the number of valid invention patents per 10,000 population that are authorized by the State Intellectual Property Office and meet any of the following conditions: 1. Invention patents for strategic emerging industries; 2. Invention patents that have the same family of patent rights overseas; 3. Invention patents that have been maintained for more than 10 years; 4. Invention patents that achieve higher pledge financing; 5. Invention patents that have won the National Science and Technology Award and the China Patent Award.

This ensures the gold content of future invention patents.

Screenshot from "The "14th Five-Year" National Intellectual Property Protection and Utilization Plan"

　　We were fortunate to have undertaken the third-party evaluation task of "Planning" and observed the birth of "Planning" up close.

This is the "14th Five-Year Plan" national key special plan issued relatively early, and it is the highest-level special plan in the national planning system.

In the entire "Planning" preparation process, they are very rigorous and serious. More importantly, the idea is to focus on high-quality development. A fundamental starting point is to promote the transformation of intellectual property work from the pursuit of quantity to the improvement of quality, which also determines This will be a high-quality plan.

China News Service: In recent years, intellectual property cases, especially those related to literary and artistic works such as film and television dramas, have often aroused everyone's attention and discussion.

In order to effectively solve the chaos of infringement, according to the "Plan", what measures will be taken in related fields in the future?

Dong Yu: It is

necessary to strengthen the protection of the entire chain of intellectual property rights, comprehensively use various methods such as law, administration, economy, technology, and social governance, to improve protection from review authorization, administrative law enforcement, judicial protection, arbitration and mediation, industry self-discipline, citizen integrity, etc. System, strengthen coordination, and build a "big protection" work pattern.

　　When it comes to literary and artistic works, piracy and infringement are more prominent in the cultural field, and they are also faced with many new and complex problems.

　　Taking film and television as an example, the script, content and broadcasting rights are protected by copyright law, and the name can be protected by trademark law as long as it is registered.

and effectively strengthen the copyright system.

In this regard, there will be a corresponding copyright complaint handling mechanism, and the relevant parties will safeguard the legal rights of the right holders.

　　Regarding infringements, the "Plan" clearly establishes a system for assessing damages for infringement of intellectual property rights, comprehensively establishing and implementing a punitive compensation system for infringement of intellectual property rights, increasing compensation for damages, and a series of judicial and administrative protection measures.

We must increase administrative law enforcement in key areas and areas where the masses have strong reactions, public opinion concerns, and infringements and counterfeiting frequently occur.

　　In the next step, based on the new situation, the copyright protection system for sports events, variety shows, and live webcasts will be improved.

Only in this way can

.

On November 7, 2018, the Guangdong-Hong Kong-Macao Greater Bay Area Intellectual Property Alliance was officially announced.

Photo by Zhong Xin issued by China News Agency

China News Service: Many people have noticed that many of the contents of the "Plan" are aimed at traditional culture-related fields, such as folklore, traditional knowledge, intangible cultural heritage, traditional Chinese medicine, and so on.

How should we view the protection of intellectual property rights in these areas?

Dong Yu:

There is a section in the "14th Five-Year Plan" "Inheritance and Promotion of Chinese Excellent Traditional Culture", strengthen the systematic protection of important cultural and natural heritage and intangible cultural heritage, and promote the creative transformation and innovative development of Chinese excellent traditional culture.

　　The ancestors left behind a lot of good things. If you don't protect them, you will regret it when you lose them someday.

Planning to see new things, but also to pay attention to the remaining issues.

Now is this time.

　　These fields have their own characteristics. For example, intangible cultural heritage must first be collected and sorted, and then transformed and used.

.

For example, through digitization and the development of derivative industries, traditional culture can be increased in value and cultural value can be enhanced.

Among them, intellectual property rights must play an important role, especially how to share profits, and corresponding systems must be gradually explored and established.

　　Take traditional Chinese medicine as an example. It used to be brilliant, but it is still very important. Promote the effective connection between the protection of traditional Chinese medicine and the modern intellectual property system, further improve the comprehensive protection system of Chinese medicine intellectual property rights, establish a special examination and protection mechanism for Chinese medicine patents, and promote Inheritance, innovation and development of Chinese medicine.

.

China News Service: Since the beginning of this year, antitrust topics have repeatedly triggered online discussions.

The "Plan" also mentions the improvement of laws, regulations, and policy measures related to intellectual property anti-monopoly and fair competition.

Many netizens are concerned: Does this mean that anti-monopoly in the field of intellectual property will be further strengthened in the future?

And what impact will it bring to related industries and everyone?

Dong Yu: The

Anti-monopoly Committee of the State Council’s anti-monopoly guidelines on the field of intellectual property stated that anti-monopoly and protection of intellectual property have the same goals, namely, protecting competition and stimulating innovation, improving economic operation efficiency, and safeguarding consumer interests and social public interests.

When the operator exercises intellectual property rights or engages in related activities, reaching or implementing monopoly agreements, abusing market dominance, or performing acts that may constitute abuse of intellectual property rights to exclude or restrict competition, will constitute monopolistic behavior. There are a series of standards for determining this .

　　At present, anti-monopoly has received a lot of attention. The ninth meeting of the Central Finance and Economics Commission made special arrangements to promptly fill up the gaps and loopholes in the rules, strengthen the construction of the data property rights system, and strengthen the data security responsibilities of platform companies.

In other words,

.

　　The "Plan" proposes to improve laws, regulations, and policy measures related to intellectual property anti-monopoly and fair competition.

In the future, in the field of intellectual property rights, relevant supervision will definitely be strengthened to prevent monopolistic behaviors that abuse intellectual property rights.

In the long run, this is conducive to the healthy and standardized development of the platform economy and enterprises, giving more room for growth to some small and medium-sized enterprises and innovative enterprises, and helping to create a fair and competitive market environment.

　　In the end, the majority of consumers must be the beneficiaries.

.

Then, consumers can also have more choices and enjoy better services.

China News Service: The "Plan" proposes to improve the accessibility and inclusiveness of intellectual property public services.

Some netizens want to know, in terms of the improvement of public service levels, what aspects will the general public feel strongly about in the future?

Dong Yu: The

"Plan" has a special part to build an intellectual property service system that is convenient for the people and benefits the people, and promotes innovation to better benefit the people.

There are many practical tricks, and everyone will definitely feel it.

In particular, increase the openness of basic intellectual property data and promote the sharing of data resources.

　　For example, one center, one platform.

The National Intellectual Property Big Data Center and the National Intellectual Property Public Service Platform provide intelligent data services. Local governments will also promote the construction of intellectual property public service platforms and special databases.

In the future, one-stop intelligent search and query services such as patents, trademarks, geographical indications, and integrated circuit layout designs will be provided to the public.

　　Optimize the layout of public service outlets for intellectual property rights.

Universities, scientific research institutions, science and technology associations, public libraries, industrial parks, etc. will provide public services for intellectual property information.

　　The state will also vigorously cultivate and develop the intellectual property service industry.

Guide the development of intellectual property agency, law, information, consulting, and operation services to a professional and high level, and expand value-added services such as intellectual property investment and financing, insurance, and asset evaluation.

Cultivate a group of international, market-oriented and professional intellectual property service organizations.

Support intellectual property service industry associations to organize public welfare agency and rights protection assistance.

These will be felt personally when needed in the future.

China News Service: In addition to topics that are highly discussed by the public, there are also many issues that are highly professional and highly technical, which are related to emerging industries, core technologies, and the protection and application of intellectual property rights related to national security.

What are the highlights of the "Planning" in this regard?

Dong Yu, Executive Vice President of the China Development Planning Institute of Tsinghua University, accepted an exclusive interview with the "China New Observation" column of Chinanews.com.

Photo by Zhai Lu, China News Service

Dong Yu: The

"Plan" summarizes the outstanding problem of insufficient high-quality intellectual property creation in the key core technical fields in China's current intellectual property protection. This is also the biggest bottleneck for building a new nationwide system and achieving scientific and technological self-reliance.

　　The "Plan" has made a series of forward-looking major deployments in stimulating innovation, such as sound support policies for high-quality creation, strengthening artificial intelligence, quantum information, integrated circuits, basic software, life and health, brain science, biological breeding, and space The creation and storage of independent intellectual property rights in future fields such as Tian Technology and Deep Deep Sea Exploration puts the protection of intellectual property rights in new fields and new formats such as big data, artificial intelligence, and genetic technology on the agenda.

.

　　The "Plan" also proposes an important direction for cultivating patent-intensive industries, which is an important innovation in China's industrial development path.

For example, it emphasizes the promotion of the coordinated use of industrial intellectual property rights, and effectively guides strategic emerging industries to optimize the development model through the establishment of industrial patent navigation decision-making mechanisms, the construction of industrial patent pools, and the establishment of industrial intellectual property alliances.

　　At the same time, security in the field of intellectual property is an important part of national security. It is becoming increasingly important in the current complex environment and must be taken seriously.

.

The "Plan" proposes to study and formulate rules for the protection of intellectual property rights in key core technologies related to national security, to manage the external transfer of intellectual property rights related to national security in accordance with the law, and to improve the review system for the external transfer of intellectual property rights.

These are all necessary measures to enhance the international status of China's innovation.

China News Service: Some voices believe that in judicial practice, excessive protection of intellectual property rights can sometimes have a negative impact on industry progress and innovation enthusiasm.

what do you think?

Dong Yu: We must

treat this issue dialectically.

To be honest, our generation has experienced the era of rampant piracy in the past.

For example, when I was in college, I bought pirated copies in Zhongguancun, and I personally saw some domestically produced works with great potential. Because of pirated copies, there was no market, and the company went bankrupt.

　　Today, as we have reached a new stage, the national awareness of intellectual property rights has undergone a fundamental change.

Paid consumption and genuine consumption have become everyone's consensus.

This is also an important sign of national progress.

　　Of course, the role of intellectual property rights should be viewed and understood dialectically. Over-protection may indeed have some impact on innovation.

But is there an overall overprotection now?

The answer is obviously no.

We have made tremendous progress in the past few years, but we must also be soberly aware that the overall level of intellectual property protection needs to be improved. The phenomenon of intellectual property infringements that are prone to and frequent and "easy to infringe and difficult to protect rights" still exist. Laws and supervision There are still many loopholes.

At the same time, we are at a stage where innovation is bursting. Strengthening the protection of intellectual property rights is still in progress.

.

　　Of course,

.

Improve the intellectual property evaluation system, improve the intellectual property ownership system, and study and formulate related systems to prevent the abuse of intellectual property rights.

For example,

.

China News Service: Intangible knowledge will eventually be transformed into tangible development and benefits.

The "Plan" proposes to improve the effectiveness of intellectual property transfer and transformation, and support the innovation and development of the real economy.

So, during the "14th Five-Year Plan" period, what room for improvement will the transfer of intellectual property rights?

Dong Yu: The

country implements an innovation-driven development strategy in the field of innovation. It is necessary to open up the channel from innovation to development and rely on the transformation of scientific and technological achievements.

The National Fourteenth Five-Year Plan has a series of deployments for building a new national system, building a national strategic scientific and technological force, and improving a market-oriented mechanism for technological innovation. Special emphasis is placed on the transformation mechanism of innovative scientific and technological achievements. This requires a solid foundation in the field of intellectual property rights.

　　The name of the "Plan" includes both protection and application, and the core of the application is to make the circulation of intellectual property rights smoother, the efficiency of intellectual property transformation is significantly improved, and the market value of intellectual property rights is further highlighted. Only in this way can industrial transformation and upgrading and innovation of emerging industries be promoted. develop.

　　The "Plan" made specific deployments in the fourth part.

During the "14th Five-Year Plan" period, universities and scientific research institutes and their scientific researchers will gain more autonomy, and they can enhance the ability of intellectual property transformation by strengthening the construction of market-oriented intellectual property operating institutions.

　　For enterprises, especially small and medium-sized enterprises, the "Plan" specifically puts forward a project to promote the intellectual property strategy of small and medium-sized enterprises, and enhance their ability to serve small and medium-sized enterprises through custody services, operation platform construction, and financial product supply.

　　In the industrial field, one of the highlights of the "Plan" is the cultivation of patent-intensive industries, including patent-intensive product identification, cultivation catalogs, industrial value-added accounting and release mechanisms, cultivation monitoring and evaluation and other mechanisms, and the continued implementation of trademarks Brand strategy, strengthen the protection of well-known trademarks, and enhance the international influence of Chinese brands.

　　The "Plan" also proposes measures to support the development of intellectual property rights in some key regions based on the characteristics of different regions, such as promoting the agglomeration and development of the Beijing-Tianjin-Hebei high-end intellectual property service industry, strengthening the integrated intellectual property protection in the Yangtze River Delta region, and promoting the Guangdong-Hong Kong-Macao Greater Bay The district builds a highland for international cooperation in intellectual property rights, promotes the establishment of an intellectual property financial ecological zone in the Chengdu-Chongqing region's dual-city economic circle, supports Shenzhen in building a benchmark city for intellectual property protection, and supports Hong Kong in building a regional intellectual property trading center.

.

On April 26, 2020, the State Council Information Office of China held a press conference on the "Report on China's Intellectual Property Protection and Business Environment New Progress (2019)".

Photo by China News Agency reporter Yang Kejia

China News Service: Intellectual property protection is playing an increasingly important role in stimulating innovation, building brands, regulating market order, and expanding opening up.

Therefore, many business people and entrepreneurs are very concerned about the question of what positive effects the "Planning" will bring to the building of Chinese brands and even going abroad?

And what impact does the "Plan" have on China's international cooperation in intellectual property and attracting foreign investment?

Dong Yu:

Intellectual property itself is an important part of the business environment.

Whether a country or a market attaches importance to intellectual property protection is one of the most important criteria for measuring the development environment.

If we want to build a world-class business environment, we must build a world-class intellectual property protection system.

　　The central government has made it clear that during the "14th Five-Year Plan" period, to comprehensively improve the level of opening up, the most important thing is to steadily expand rules, regulations, management, standards and other institutional openings.

The "Plan" proposes a series of vigorous opening-up measures on how to strengthen international cooperation and service business environment construction in intellectual property protection work, which is an important symbol of declaring China's continued deepening of opening-up.

It is necessary to protect the intellectual property rights of domestic enterprises and the intellectual property rights of multinational companies without discrimination.

In particular, in the content of improving the international intellectual property rule system, it is emphasized that the participation in the formulation of rules and standards in new fields and new formats is conducive to expanding the channels for China to participate in global governance.

For example, there is a lot of international cooperation on intellectual property rights in key areas such as drug and new coronavirus vaccine research and development.

　　The "Plan" also deployed the "Belt and Road" intellectual property cooperation projects and foreign trade intellectual property protection projects with columns to provide effective guidance and assistance to Chinese companies going out, especially the establishment of an international intellectual property risk early warning and emergency response mechanism to build knowledge The foreign-related risk prevention and control system of property rights is of great significance to the overseas distribution of intellectual property rights and the protection of overseas rights.

For example,

.

(over)

About Dong Yu

Dong Yu, executive vice-president of China Institute of Development Planning, Tsinghua University.

Photo by Zhai Lu from China News Service

　　　Dong Yu is the Executive Deputy Dean and Senior Researcher of the China Development Planning Institute of Tsinghua University, and the Deputy Dean of the Institute of Regional Development of Tsinghua University.

He once worked in the Office of the National Development and Reform Commission and the Central Finance and Economics Commission, and served as the deputy director of the Second Economic Bureau of the China Finance Office.

He is one of the main participants in the preparation of China’s recent five-year plans. He participated in the 2011-2018 Central Economic Work Conference, the Central Finance and Economics Leading Group and the Central Finance and Economics Committee meetings, the Central Urbanization Work Conference, and the National Finance Work meetings and other important meetings drafting work, is a full member of the drafting group of the Fifth Plenary Session of the 18th Central Committee of the Party.

Participated deeply in the preparation of the national "14th Five-Year Plan", is a major member of the "14th Five-Year Plan" basic thinking research group, the leader of the national "13th Five-Year Plan" annual evaluation project group, and the multi-ministerial "14th Five-Year" plan Leader of the tripartite evaluation team.