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The people's daily issued Shen Changyu's signed article: Comprehensively Strengthening the protection of intellectual property rights in China

2020-12-10

Shenchangyu, secretary and director of the Party group of the State Intellectual Property Bureau


In November 30th, the Political Bureau of the CPC Central Committee held twenty-fifth collective studies on strengthening the work of intellectual property protection in China. General Secretary Xi Jinping presided over the study and delivered an important speech. The speech, with lofty intention, profound thought, rich connotation and clear requirements, fully embodies the high attention and ardent expectation to the work of intellectual property protection, provides a fundamental follow and action guide for Comprehensively Strengthening the work of intellectual property protection in the new era, and is an important milestone in the development of China's intellectual property cause.


one、A profound understanding of the great significance of general secretary Xi Jinping's important speech


First, it is of great political significance. The Political Bureau of the CPC Central Committee has held collective learning on strengthening the work of intellectual property protection in China. General Secretary Xi Jinping delivered an important speech with distinct political orientation. General secretary Xi Jinping stressed that innovation is the first driving force for development. Protecting intellectual property rights is to protect innovation. We should recognize the situation and tasks of intellectual property protection in China, summarize the achievements, find out the shortcomings, improve the understanding of the importance of intellectual property protection, and provide strong guarantee for the implementation of new development concept, new development pattern and promotion of high-quality development.


Second, it is of great significance in the times. At present, the intellectual property system is thoroughly carrying out the spirit of the party in the fifth Plenary Session of the 19th CPC Central Committee and earnestly planning the development of intellectual property rights in 14th Five-Year and 2035. The important speech of general secretary Xi Jinping has provided us with the most authoritative, timely, systematic and most powerful guidance, which will profoundly affect the future reform and development of China's intellectual property undertaking.


Third, it is of great theoretical significance. General secretary Xi Jinping's important speech, through the past, present and future of the protection of intellectual property rights, theory, practice and development, to coordinate the domestic development needs and changes in the international situation, profoundly expounded a series of important theoretical issues in the field of intellectual property, with distinct theoretical characteristics and rich theoretical connotations.
Fourth, it is of great strategic significance. General secretary Xi Jinping's important speech is standing at the historical intersection of "two one hundred years", and CO ordinating the two overall situations at home and abroad, pointing out the strategic direction of intellectual property protection in the new era, and making a strategic plan, which will surely lead China's intellectual property protection work to be strengthened in an all-round way, and the innovation environment and business environment will continue to be optimized, so as to provide innovation driven development and high level opening to the outside world. Strong support.


Fifth, it is of great practical significance. General secretary Xi Jinping profoundly analyzed the situation faced by the protection of intellectual property rights, and made important instructions in six aspects. It is highly targeted and instructive for the purpose of strengthening the protection of intellectual property rights in an all-round way.


two、Profoundly comprehend the core meaning of general secretary Xi Jinping's important speech


First, we must deeply understand the general secretary Xi Jinping pointed out that in building a modern socialist country in an all-round way, we must proceed from the national strategic height and the requirements of the new stage of development, comprehensively strengthen the protection of intellectual property rights, promote the construction of a modern economic system, stimulate the creativity of the whole society, and promote the construction of a new development pattern. We should further enhance the sense of responsibility, mission and urgency of doing a good job in the protection of intellectual property rights in the new era, consciously focus on the needs of national development, plan to promote the protection of intellectual property rights, and improve the pertinence of the work.


Two, we must deeply understand the general secretary Xi Jinping pointed out that the protection of intellectual property rights is related to the modernization of the national governance system and governance capacity, the development of high quality, the happiness of people's lives, the overall situation of opening up to the outside world and the national security. We should grasp the relationship between the protection of intellectual property rights and all aspects of economic and social development, identify the role and play its due role.


Three, we must deeply understand the general secretary Xi Jinping pointed out that China's intellectual property rights industry has been developing continuously, and has gone out of the road of intellectual property development with Chinese characteristics. Intellectual property protection has made historic achievements, and the awareness of respect and protection of intellectual property rights in the whole society has been significantly improved. With the "historic achievements" of the cause development, we should encourage everyone to further enhance the "Four Consciousness", firm the "four confidence", achieve the "two maintenance", always move forward in the direction of the party's guidance, and adhere to the party's leadership over the cause of intellectual property rights.


Four, we must deeply understand the general secretary Xi Jinping pointed out that at present, China is changing from the introduction of intellectual property to a big country in intellectual property creation, and the work of intellectual property is changing from quantity to quality. We should have a clear understanding of the situation and tasks of intellectual property work, highlight high-quality development, and vigorously improve the ability of independent innovation.


Fifth, we must deeply understand the general secretary Xi Jinping pointed out that we must adhere to the principle of "giving priority to ourselves", "people's interests first, fair and reasonable protection", both strictly protecting intellectual property rights, and ensuring public interest and encouraging innovation. In the process of strictly protecting intellectual property rights, we should effectively encourage innovation and protect public interests.


Six, we must deeply understand the six important instructions made by general secretary Xi Jinping, strengthen the top-level design of intellectual property protection, raise the level of rule of law in the protection of intellectual property rights, strengthen the whole chain protection of intellectual property rights, deepen the reform of the system and mechanism of intellectual property protection, and promote the international cooperation and competition in the field of intellectual property rights in an all-round way, so as to safeguard the field of intellectual property rights. National security. Grasp the key points of work, grasp the key links, so as to promote the overall planning and implement in one.


tree、Conscientiously implement the spirit of general secretary Xi Jinping's important speech


At present, the State Intellectual Property Office is deeply studying and implementing the spirit of general secretary Xi Jinping's important speech, actively doing a good job of publicity and interpretation, formulating and implementing opinions, and coordinating the division of labor of the inter ministerial joint meeting of the implementation of intellectual property strategy implementation, and promoting the formation of a joint effort to implement the spirit of general secretary Xi Jinping's important speech. In particular, we should combine our own functions and earnestly implement them.


First, we should focus on the future and strengthen the top-level design of intellectual property protection. We will carefully study and formulate the national plan for the protection and application of intellectual property rights in the period of the 14th five year plan, define the objectives, tasks, measures and implementation blueprint, and ensure that the plan meets the requirements of the central government, meets the expectations of the masses and reflects the characteristics of the times. We should adhere to the principle of balancing interests between the obligee and the public, not only strictly protect intellectual property rights, but also prevent the over expansion of rights. We will vigorously implement patent quality improvement projects, promote key core technology breakthroughs and support high-quality development.


Second, we should keep pace with the times and improve the level of the rule of law in the protection of intellectual property rights. While strictly implementing the relevant provisions of the civil code, we should speed up the improvement of relevant laws and regulations. We will do a good job in revising the relevant implementation rules after the modification of the patent law, carry out a new round of research and demonstration of trademark law modification, speed up the revision of the provisions on the protection of geographical indications products, and do a good job in the special legislation research on geographical indications. We will promote the organic unity of the standards of authorization for intellectual property review, judgment of infringement, administrative law enforcement and judicial judgment, strengthen the guidance of administrative law enforcement of patents and trademarks, and better play the role of administrative law enforcement protection.
Third, we should work together to strengthen the whole chain protection of intellectual property. The high standard implements the opinions on strengthening the protection of intellectual property rights and constructs the pattern of great protection. We will further improve the comprehensive management system of intellectual property and strengthen the system protection capability. We will strive to build a public service system for the benefit of the people, strengthen the construction of intellectual property information and intelligent infrastructure, and promote the integration of intellectual property protection line and offline integration. We will promote the construction of the integrity system in the field of intellectual property, strengthen publicity and education, and strengthen the awareness of respect and protection of intellectual property in the whole society.


Fourth, we will continue to innovate and deepen the reform of the system and mechanism of intellectual property protection. We will continue to make good efforts to implement a series of reform and deployment of intellectual property protection work of the Central Committee since the 18th National Congress of the CPC, so as to ensure the effectiveness of the reform. We will further improve the intellectual property review system, promote the renewal of the review concept, technological innovation and work innovation, and better meet the needs of the masses. We should actively explore and establish the protection system of intellectual property in new fields, improve the evaluation system of intellectual property and improve the ownership system of intellectual property.


Fifth, we should actively act to promote international cooperation and competition in the field of intellectual property rights. Adhere to the concept of community of shared human destiny, deeply participate in the global intellectual property governance under the framework of the world intellectual property organization, promote the improvement of international rules and standards such as intellectual property rights and related international trade and international investment, and promote the development of global intellectual property governance system towards a more just and reasonable direction. We should strengthen the publicity of intellectual property rights and further establish a good image of strict protection of intellectual property in China in accordance with the law. One belt, one road, intellectual property cooperation one new mode of "one belt, one road" will be studied seriously to better support the construction of "one belt and one road".
Sixth, we should stick to the bottom line and safeguard the national security in the field of intellectual property. We will strengthen the independent research and development and protection of key core technologies related to national security, and manage the transfer of intellectual property related to national security to the outside world in accordance with law. Cooperate with the General Administration of market supervision to do a good job in the anti-monopoly work in the field of intellectual property, prevent the abuse of intellectual property rights, and promote the independent and orderly flow and efficient allocation of innovation elements. We will strengthen the risk warning and protection assistance of overseas intellectual property rights of Chinese enterprises, and resolutely safeguard their own development interests.


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