From a big country with intellectual property rights to a powerful country, my country has formulated a clear timetable and roadmap
Build a country with a strong intellectual property rights①
Editor's note On September 22, the "Outline for Building a Powerful Intellectual Property Country (2021-2035)" issued by the Central Committee of the Communist Party of China and the State Council made a comprehensive plan for my country to accelerate the construction of a strong country with intellectual property rights.
It clarifies the guiding ideology, working principles and development goals of building a strong intellectual property nation in the next 15 years, and proposes a series of important policy measures and targeted innovation measures. It is a programmatic way to promote my country from a major intellectual property country to a strong intellectual property country. document.
Based on this, this newspaper published a series of theoretical articles on "Building a Powerful Country with Intellectual Property Rights", inviting experts and scholars to analyze the opportunities and challenges faced by my country's building a strong country with intellectual property rights from different angles, and put forward opinions and suggestions on accelerating the building of a strong country with intellectual property rights.
Recently, the Central Committee of the Communist Party of China and the State Council issued the "Outline for Building a Powerful Intellectual Property Country (2021-2035)" (hereinafter referred to as the "Outline"). Comprehensive deployment is a programmatic document that promotes my country from a major country in intellectual property rights to a country in intellectual property rights. It clarifies the guiding ideology, working principles and development goals of building a country with intellectual property rights in the next 15 years, and puts forward a series of important policies and measures. This innovative initiative is of milestone significance.
my country has become a veritable intellectual property power
In 2008, the State Council promulgated and implemented the "National Intellectual Property Strategy Outline", which raised intellectual property work to the national strategic level for overall planning and overall promotion, which pointed out the direction for the development of intellectual property and opened a new chapter in the development of intellectual property in my country.
For more than ten years, my country has embarked on a road of intellectual property development with Chinese characteristics.
Especially since the 18th National Congress of the Communist Party of China, the CPC Central Committee has placed intellectual property work in a more prominent position, made a series of major deployments, and introduced a series of major measures, leading my country’s intellectual property industry to achieve great development, great leaps and bounds. promote.
The "Outline of the National Intellectual Property Strategy" put forward the goal of "building my country into a country with a high level of intellectual property creation, utilization, protection and management" by 2020. It has basically been achieved.
Intellectual property creation is booming, and the number of patent and trademark applications in my country has ranked first in the world for many years.
The use of intellectual property rights has steadily improved, "knowledge base" has become "capital", and "intellectual property" has achieved remarkable results in leveraging "assets", which has strongly supported economic development.
Intellectual property protection has been comprehensively strengthened. my country has established an intellectual property legal system that complies with internationally accepted rules. The civil code is promulgated and implemented, and the new round of revisions to the trademark law, patent law, and copyright law all focus on strengthening the protection of intellectual property rights, and establish and improve System of punitive damages for infringement of intellectual property rights.
The management of intellectual property rights has been continuously strengthened, and the State Intellectual Property Office has deepened the reform of "delegating control and serving" in the field of intellectual property, optimizing the intellectual property review process, improving the quality of intellectual property review, and improving the efficiency of intellectual property review.
The awareness of intellectual property rights has generally increased, and the idea that protecting intellectual property rights means protecting innovation is deeply rooted in the hearts of the people.
The international influence of intellectual property rights has increased significantly. my country has actively participated in multilateral affairs under the framework of the World Intellectual Property Organization and promoted the establishment of a China office by the World Intellectual Property Organization.
According to the "Global Innovation Index Report" released by the World Intellectual Property Organization this year, my country ranks 12th among the 132 economies in the world, and it is also the only middle-income economy among the top 30 economies. It has become a veritable name. Power of intellectual property rights.
Provide action guide for intellectual property work in the new era
While achieving great results, we are also clearly aware that, in the face of the new requirements of the new era, the development of my country's intellectual property industry is still facing some deep-seated problems.
Intellectual property creation is large but not strong, many but not superior; protection is difficult and costly; there is a lack of mechanisms and platforms in application; management efficiency is not high, and problems such as insufficient international discourse power are still prominent.
Since the 18th National Congress of the Communist Party of China, General Secretary Xi Jinping has made a series of important expositions on intellectual property work, further clarified the functional positioning of intellectual property rights, and endowed intellectual property rights with new era connotations. The specific requirements in the field of property rights are also fundamental to our work in building a strong country with intellectual property rights in the new era.
Standing at a new historical starting point from an intellectual property power country to an intellectual property power country, the timely promulgation of the "Outline" provides us with an action guide for doing a good job of intellectual property in the new era.
The "Outline" has formulated a timetable and roadmap for building a strong country with intellectual property rights, and established a two-step development goal.
The first step: by 2025, intellectual property protection will be more stringent, social satisfaction will reach and maintain a high level, the market value of intellectual property will be further highlighted, brand competitiveness will be greatly improved, some important intellectual property indicators will continue to rise, and the building of a strong intellectual property country will be achieved Obvious results.
Step 2: By 2035, my country's comprehensive intellectual property competitiveness will be among the top in the world, the intellectual property system will be complete, intellectual property will promote the vigorous development of innovation and entrepreneurship, the intellectual property culture of the whole society will basically take shape, and all-round and multi-level participation in the global intellectual property rights The pattern of international cooperation in governance has basically taken shape, and a world-class intellectual property power country with Chinese characteristics has basically been established.
Determine the six tasks of building a strong country with intellectual property rights
The "Outline" is based on the new development stage, implements the new development concept, builds a new development pattern, and determines the six main tasks of building a strong country with intellectual property rights.
First, build an intellectual property system oriented toward socialist modernization.
The intellectual property system is an organic part of the socialist system with Chinese characteristics, and is the main content of promoting the modernization of the national governance system and governance capabilities.
Over the past 40 years of reform and opening up, my country has actively absorbed the experience of other countries' systems, established a relatively complete intellectual property legal system on the basis of introducing, digesting, absorbing, and re-innovating, and joined all major international intellectual property conventions.
With the vigorous rise of a new round of technological revolution and industrial transformation, technological innovation has entered an unprecedentedly intensive and active period. New technologies, new products, and new business formats continue to expand the legal boundaries, involving intellectual property rights in the frontier fields of science and technology such as the Internet, big data, and artificial intelligence. New issues continue to emerge. Therefore, it is necessary to adapt to the needs of scientific and technological progress and economic and social development and speed up the legislation of intellectual property rights in new fields and new formats.
The Third Plenary Session of the 19th Central Committee of the Communist Party of China deployed the reorganization of the State Intellectual Property Office to realize the centralized and unified management of intellectual property rights such as trademarks, patents, and geographical indications of origin.
Second, build an intellectual property protection system that supports a world-class business environment.
Strengthening the protection of intellectual property rights is an important aspect of shaping a good business environment and a major measure to promote high-level opening up.
my country has formed a “dual-track parallel” intellectual property protection system with Chinese characteristics for administrative protection and judicial protection, and the relationship between the two needs to be further straightened out.
While the administrative and judicial protection of intellectual property rights is continuously strengthened, it is necessary to actively promote social forces to participate in the protection and governance of intellectual property rights, establish and improve social co-governance models, improve the multiple dispute resolution mechanisms for intellectual property rights, and comprehensively use various governance methods to strengthen protection and promote protection capabilities And the overall level of improvement.
Third, build an intellectual property market operating mechanism that encourages innovation and development.
Innovation is the first driving force for development, and protecting intellectual property rights means protecting innovation.
The intellectual property system not only defines the property rights of innovation achievements, but also rationally allocates resources to innovative industries and creates a property rights transaction environment so that innovative activities can enter the market legally and orderly and fully realize economic value.
For a long time, the low conversion rate of scientific research results has been a common problem faced by domestic scientific research institutions and universities.
Therefore, it is necessary to reform the ownership and rights distribution mechanism of state-owned intellectual property rights, expand the autonomy of intellectual property disposal of scientific research institutions and universities, and break the institutional barriers in the transformation of intellectual property transactions; accelerate the construction of intellectual property operation systems and create a comprehensive intellectual property operation service hub The platform effectively promotes the organic integration of intellectual property and innovative resources, industrial development and financial capital.
Fourth, build a public service system for intellectual property rights that is convenient for the people.
To make innovations better benefit the people, it is necessary to build a high-quality intellectual property public service system that is convenient and beneficial to the people.
Strengthening the public service of intellectual property is an important measure to deepen the reform of "delegation, regulation, and service" in the field of intellectual property and accelerate the transformation to a service-oriented government.
Therefore, it is necessary to continue to promote the construction of the backbone network of intellectual property information public services, coordinate the construction of the public service network of intellectual property information, and continuously improve the efficiency of intellectual property information dissemination and utilization; clarify the boundary between intellectual property public services and other services, and promote knowledge on the track of the rule of law. The establishment of a public service system for property rights, a sound supervision system of public services for intellectual property rights, and a perfect performance evaluation mechanism.
Fifth, build a humanistic and social environment that promotes the high-quality development of intellectual property rights.
The intellectual property system is an "exotic product". How to make the ideas contained in this system widely accepted and recognized by the public is the key to the successful operation of the intellectual property system.
Therefore, it is necessary to vigorously strengthen intellectual property publicity and education, raise the intellectual property awareness of the whole society, make the intellectual property cultural concepts of respecting knowledge, advocating innovation, honesty and law-abiding, and fair competition deeply rooted in the hearts of the people, and create a good atmosphere for accelerating the construction of a strong intellectual property country.
Talents are the core of all work. From a strategic and overall perspective, we must strengthen the top-level design of intellectual property personnel training and development mechanisms, and form a scientific training mechanism that is conducive to the growth of intellectual property talents.
Sixth, deeply participate in global intellectual property governance.
Intellectual property is the core element of countries participating in global competition, and the global governance rules of intellectual property are the result of the game of international political and economic forces.
The existing global governance of intellectual property rights mainly relies on the international rule system led by developed countries in the United States and Europe, which will inevitably reflect their interests in terms of power structure and benefit distribution.
With the continuous improvement of my country's strength, participating in global governance by passively accepting international rules is clearly inconsistent with China's international status.
Efforts should be made to transform from a follower and follower of international rules to participants and builders, committed to the reform of the global governance system of intellectual property; adhere to the concept of a community with a shared future for mankind, and promote intellectual property and related international trade, international investment and other international rules and regulations. To improve the standards, we must attach importance to both international "hard law" and international "soft law"; coordinate the promotion of international cooperation and competition in the field of intellectual property rights, increase exchanges and cooperation with international non-governmental organizations, and strive to cultivate those who agree with China’s position. Non-governmental organizations enhance trust and dispel doubts, build consensus, and provide communication channels and a favorable international public opinion environment for China to participate in global intellectual property governance.
The blueprint has been drawn, and the time is right to struggle.
We must take the "Outline" as the starting point, comprehensively promote implementation, set off a new journey of building an intellectual property power, strive to promote intellectual property work in the new era to a new level, and make greater contributions to the realization of the second centenary goal.
(The author is the director and professor of the Intellectual Property Law Teaching and Research Office of Renmin University of China Law School)