(Observation of the Two Sessions) During the 14th Five-Year Plan, China’s Intellectual Property Protection will be integrated and put forward “targeting requirements”

  China News Service, Beijing, March 11th, title: "Fourteenth Five-Year Plan" China's intellectual property protection is integrated and put forward "targeting requirements"

  Author Huang Yuqin Zhang Su

  In the "13th Five-Year Plan" outline five years ago, the content of "intellectual property" was scattered in different chapters.

Today, "Improving the Intellectual Property Protection and Application System" has been included as a separate section, which was included in China's "14th Five-Year Plan" and the outline of long-term goals for 2035 that were voted on at the Fourth Session of the 13th National People's Congress on the 11th.

  Intellectual property is "resolved into a whole" in China's "development roadmap". This change has attracted the attention of many delegates and committee members.

  Ma Yide, a representative of the National People’s Congress and a professor at the School of Public Management of the University of Chinese Academy of Sciences, analyzed in an interview with a reporter from China News Agency that this not only reflects China’s own development context, “science and technology self-reliance has become an important guarantee for China’s economic development”, and it also lies in responding to it. Changes in the situation hedge against the uncertainty of the external environment, "increase the protection of intellectual property rights, and ensure that China is stable and long-term in development."

  As he said, global industrial reforms are gaining momentum, innovation, as the first driving force for development, has been placed in an unprecedentedly important position, and "protecting intellectual property rights is protecting innovation."

  It can be seen from the "14th Five-Year Plan" outline that China's strengthening of intellectual property protection is inseparable from "law" factors.

Among them, it is proposed to speed up the legislation of intellectual property rights in new fields and new business forms, strengthen judicial protection and administrative law enforcement of intellectual property rights, and improve the punitive compensation system for intellectual property infringement.

  In recent years, China has continued to improve laws and regulations related to intellectual property rights, and successively revised the trademark law, anti-unfair competition law, patent law, copyright law, etc.

The Civil Code officially implemented this year also provides clear regulations on the civil attributes of intellectual property rights.

On the "representative channel" during the two sessions, Ma Yide told reporters at home and abroad: "The'four beams and eight pillars' of China's intellectual property law have been firmly established."

  More importantly, compared with the "13th Five-Year Plan" that mostly emphasizes the protection of intellectual property rights in principle, the current "14th Five-Year" plan puts forward more specific "targeting requirements."

  Difficulty in producing evidence, long cycles, high costs, and low compensation have always been the difficulties in protecting intellectual property rights.

The "14th Five-Year Plan" outline proposes that the punitive compensation system for intellectual property infringement will be improved and compensation for damages will be increased.

  On the eve of the opening of the National Two Sessions, China's Supreme Law issued a judicial interpretation that specified the scope of application of punitive damages in civil intellectual property cases, the determination of deliberate and serious circumstances, and the determination of calculation bases and multiples.

One of the highlights is the substantial increase in the cost of infringement.

  He Zhimin, member of the Standing Committee of the National Committee of the Chinese People's Political Consultative Conference and deputy director of the State Intellectual Property Office, pointed out that from the Civil Code to the Trademark Law, the Patent Law, and the copyright law that is under revision, the five-fold punitive damages provisions are specified.

"The 5 times compensation value is already the highest level in the world."

  Not only that, the "targeting requirement" is also reflected in the shift in the emphasis on intellectual property rights from quantity to quality.

When China started the "14th Five-Year Plan", the promotion of high-quality development became a key word.

As far as intellectual property is concerned, it is undoubtedly necessary to enter a new stage of high-quality and high-efficiency development.

  In this regard, among the main indicators for economic and social development set by the "14th Five-Year Plan", a key indicator is set specifically for intellectual property, that is, the number of high-value invention patents per 10,000 people reaches 12.

  He Zhimin said that as a measure of "innovation-driven" output index, it fully shows that the central government attaches great importance to the importance of intellectual property rights, especially patents.

The number of patent applications and trademark registrations in China has remained the number one in the world for many years, but we must be soberly aware that the quality of patents and trademarks needs to be continuously improved.

  Whether it is to tighten the "fence" of intellectual property protection with the "law" or to put forward "targeting requirements" facing the difficulties, the plan outlines the direction for how China will protect intellectual property rights in the future, and will also stimulate stronger innovation and development momentum. .

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