Take the road of intellectual property development with Chinese characteristics

Secretary of the Party group and director of the State Intellectual Property Office

Shen Changyu

In November 30, 2020, the nineteen Central Political Bureau carried out collective learning on strengthening our intellectual property protection. General Secretary Xi Jinping presided over the study and delivered an important speech. He fully affirmed the historical achievements of intellectual property protection in China, systematically expounded the great significance of the protection of intellectual property rights, and profoundly analyzed the current situation of intellectual property protection. The task is to make major arrangements for Comprehensively Strengthening the protection of intellectual property rights. Sweep down irresistibly from a commanding height, profound thoughts, rich connotation and clear requirements, general secretary Xi Jinping has provided a fundamental guideline for action and a guide to action in the new era to strengthen our intellectual property protection.

1、 The development of intellectual property with Chinese characteristics has made historic achievements

In his speech, general secretary Xi Jinping reviewed the extraordinary course of the protection of intellectual property rights in China from the beginning of new China to the reform and opening up, and then to the eighteen Party's great achievements. It pointed out that China's intellectual property rights industry has been developing continuously, and has gone out of the road of intellectual property rights development with Chinese characteristics, and intellectual property protection has made historic achievements. Looking back at the development of intellectual property in China, we have spent decades and gone through the development path of developed countries for hundreds of years, and realized a historic leap from scratch to existence and from small to large, and become a country with real intellectual property rights. Achievements are precious and experience is worth summarizing.

The party's leadership over the cause of intellectual property rights has been continuously strengthened。Shortly after the founding of new China, China has actively explored the protection of intellectual property rights. After the Third Plenary Session of the 11th CPC Central Committee, China's intellectual property work has gradually embarked on the track of normalization. In 2008, the outline of national intellectual property strategy was promulgated and implemented, and intellectual property became a national strategy. Since the eighteen Party's Congress, the Central Committee of the party has put intellectual property work in a more prominent position. General Secretary Xi Jinping has made a series of important instructions, chaired the central comprehensive Deepening Reform Commission (leading group) meeting for many times, and deliberated on the important documents such as the opinions on strengthening intellectual property rights protection and the general plan for the comprehensive reform of intellectual property management. A series of major deployment. The CPC Central Committee and the State Council have issued a series of important documents, such as the action plan for the in-depth implementation of the national intellectual property strategy (2014-2020), some opinions of the State Council on accelerating the construction of a powerful country with intellectual property rights under the new situation, and the 13th five year plan for the protection and application of national intellectual property rights, and established the system of inter ministerial joint meeting for the implementation of the intellectual property strategy of the State Council Mechanism. The establishment of the State Administration of market supervision and the re establishment of the State Intellectual Property Office have achieved the centralized and unified management of patents, trademarks, geographical indications of origin and layout design of integrated circuits, as well as the comprehensive law enforcement of patents and trademarks, and greatly improved the efficiency of administrative management. The establishment of a number of intellectual property courts and the establishment of an intellectual property court by the Supreme People's court have significantly strengthened the judicial protection of intellectual property.

The legal system of intellectual property rights is improving day by day。Since the 1980s, China has successively formulated and promulgated the trademark law, patent law, copyright law, anti unfair competition law, regulations on the protection of new plant varieties, regulations on the protection of integrated circuit layout design, regulations on the protection of Olympic symbols and other laws and regulations, established a relatively complete intellectual property legal system in line with international common rules, and constantly revised it in practice Perfect. Especially in recent years, the newly enacted civil code has established major legal principles for the protection of intellectual property rights, revised the patent law, trademark law and copyright law, and established a high international standard punitive damages system for infringement, which provides a strong legal guarantee for the strict protection of intellectual property rights. At the same time, China has gradually joined almost all the major international conventions in the field of intellectual property, actively fulfilled all the responsibilities and obligations stipulated in the international conventions, and has increasingly become a firm defender, an important participant and an active builder of the international rules of intellectual property.

The comprehensive strength of intellectual property rose rapidly。In the past decades, China's intellectual property industry has been growing from scratch. Especially since the 18th National Congress of the Communist Party of China, the comprehensive strength of China's intellectual property rights has risen rapidly, and the core patents, well-known trademarks, boutique copyrights, and high-quality geographical indication products have continued to increase. In 2020, China (excluding Hong Kong, Macao and Taiwan) will have 15.8 invention patents and 30.173 million valid trademark registrations per 10000 people, which are more than four times of 2012. In 2019, the number of international patent applications of PCT ranks first in the world, and the number of international trademark applications of Madrid ranks third in the world. The social satisfaction of intellectual property protection increased from 63.69 in 2012 to 80.05 in 2020. China's ranking in the global innovation index report has risen from 34th in 2012 to 14th in 2020, ranking first among middle-income economies and one of the fastest growing countries in the world. Among the world's 5000 leading brands, China accounts for 408, with a total value of US $1.6 trillion. In the report on the global environment for doing business, its ranking has risen sharply from 91st in 2012 to 31st in 2020, and it has entered the top ten economies with the largest improvement in the global environment for doing business for two consecutive years. In 2019, the added value of patent intensive industries will account for 11.6% of GDP. The latest statistics show that the direct output value of enterprises using special geographical indications is 639.8 billion yuan. The rapid rise of the comprehensive strength of intellectual property provides a strong support for the country's economic and social development.

On April 1, 1985, on the first day of the implementation of the patent law of the people's Republic of China, Hu Guohua, an engineer from 207 Institute of the Ministry of aerospace industry, submitted China's first patent application for invention with the patent number of "85100001.0". Taking this as a starting point, China's patent industry is on the right track and on the fast track. The picture shows Hu Guohua's first invention patent certificate in China, which he obtained more than 30 years ago. China News Agency reporter Sun Zifa / photo

The international cooperation network of intellectual property rights is constantly expanding。We will comprehensively promote multilateral, peripheral, small multilateral and bilateral international cooperation in intellectual property rights, and build a new pattern of international cooperation in intellectual property rights featuring "four sides linkage and coordinated promotion". Participating in multilateral affairs under the framework of the World Intellectual Property Organization (WIPO), and firmly safeguarding the multilateral system of intellectual property rights, the WIPO China office has been set up and operated, and the first international treaty on intellectual property rights signed in China and named after a Chinese city, the Beijing Treaty on audio visual performances, has officially entered into force. The two "one belt, one road" intellectual property high level conference was successfully held, and 8 practical cooperation projects achieved important achievements, covering protection cooperation, business cooperation, basic capacity building and public awareness. We will actively promote in-depth and pragmatic cooperation in intellectual property rights between China, the United States, Europe, Japan and South Korea, BRICs, China ASEAN, and China Africa, and open the patent examination highway (PPH) with 30 countries and regions. After 22 rounds of negotiations, the agreement on protection and cooperation of geographical indications between China and the EU was successfully signed, involving 275 products of geographical indications from each side, which has effectively closed the economic and trade relations between China and the EU. The "circle of friends" in China's intellectual property field is growing, and the international discourse power and influence continue to improve.

Continuous improvement of intellectual property work ideas and measures。We should adhere to the general tone of seeking progress while maintaining stability, strive to promote high-quality development, and support high-quality economic and social development with high-quality development of intellectual property rights. We should set up a systematic concept and promote the strict, large, fast and common protection of intellectual property around the protection of intellectual property; we should coordinate and promote the construction of mechanism, platform and industry around the application of intellectual property; we should open up the whole chain of creation, application, protection, management and service around the management of intellectual property, link up all categories of intellectual property, and give full play to comprehensive benefits. We should pay attention to the basic level, continuously improve the quality and efficiency of the examination, strengthen the capacity-building of local intellectual property rights, widely carry out the popularization and publicity of intellectual property rights, and enhance the public awareness of intellectual property rights. Adhere to the principle of comprehensively and strictly governing the party, give full play to the fighting fortress role of Party organizations at all levels in the intellectual property system and the vanguard and exemplary role of Party members, promote the deep integration of Party building and business, solidly promote the construction of Party style, clean government and anti-corruption work, and lead and promote the high-quality development of intellectual property cause with high-quality party building.

2、 Accurately grasp the major issues of intellectual property protection in the new era

Accurately grasp the great significance of intellectual property protection。General secretary Xi Jinping pointed out that innovation is the first driving force for development. Protecting intellectual property rights is to protect innovation. Intellectual property protection is related to the modernization of national governance system and governance capacity, high-quality development, people's happiness, the overall situation of China's opening up and national security. General secretary Xi Jinping's important discourse has raised the intellectual property protection to hitherto unknown heights. We need to base ourselves on the above-mentioned "Five Relations", consciously integrate intellectual property protection into the overall situation of national economic and social development, and provide strong support from all aspects. In particular, we should strictly protect intellectual property rights, promote and improve the modern property rights system, deepen the market-oriented reform of factors, let the market play a decisive role in the allocation of resources, and give better play to the role of the government; crack down on all kinds of infringement and counterfeiting in accordance with the law, improve the quality of the supply system, and promote high-quality development; earnestly safeguard the rights and interests of consumers, so that the people can buy and eat safely We should optimize the business environment, build a new open economic system with a higher level, and effectively support the overall situation of China's opening up to the outside world. We should effectively protect the key core technologies independently researched and developed by our country, and earnestly implement the examination system for the external transfer of intellectual property rights.

Accurately grasp the strategic orientation of intellectual property protection。General secretary Xi Jinping pointed out that building a modern socialist country in an all-round way must start from the requirements of 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 vitality of the whole society, and promote the construction of new development pattern. The important instructions of general secretary Xi Jinping profoundly expounded the objectives and tasks of intellectual property protection in the new era. We need to further enhance the sense of responsibility, mission and urgency of intellectual property protection in the new era, find out the role of intellectual property in building a modern economic system, and through comprehensively strengthening intellectual property protection, we can better encourage innovation internally, promote opening to the outside world, promote the construction of a high standard market system, develop a higher level of open economy, and support the construction of a harmonious society Build a new development pattern with domestic circulation as the main body and domestic and international double circulation promoting each other.

Accurately grasp the historical position of intellectual property protection。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 rights, and the work of intellectual property is changing from quantity to quality. The important speech of general secretary Xi Jinping fully affirmed the achievements, greatly encouraged the energy and made clear the historical position of the intellectual property undertaking. Standing at a new historical starting point, we should encourage cadres and workers to further enhance their enthusiasm for Entrepreneurship with the historic achievements of career development. At the same time, we should accurately grasp the new situation, new characteristics and new tasks of career development, continue to move forward firmly in the direction of the party's guidance, and unswervingly take the road of intellectual property development with Chinese characteristics. In particular, it is necessary to highlight the theme of the times of high-quality development, comprehensively strengthen the creation, application, protection, management and service of intellectual property with higher standards, and comprehensively strengthen international cooperation in intellectual property protection with greater efforts, so as to promote the steady progress and high-quality development of intellectual property from a higher starting point.

Accurately grasp the fundamental position of intellectual property protection。The people's position is the fundamental political position of our party. General secretary Xi Jinping pointed out that we should adhere to the principle of "giving priority to the interests of the people, interests of the people first, fair and reasonable protection". We should strictly protect intellectual property rights and prevent the excessive expansion of the rights of individuals and enterprises, so as to ensure public interest and encourage innovation. The important speech of general secretary Xi Jinping fully embodies the people centered development thought and highlights the distinct value orientation. We should take the effective protection of the legitimate rights and interests of the people's intellectual property rights, the effective stimulation of innovation vitality, and the effective promotion of economic and social development as the fundamental criteria to test the effectiveness of intellectual property protection. On the basis of fully absorbing the achievements of the world intellectual property system civilization, we should build an intellectual property system that is in line with China's national conditions and meets the needs of development. We should adhere to fair and reasonable protection, grasp the balance of interests between the obligee and the public, effectively protect the legitimate rights and interests of the obligee, and effectively promote the dissemination and utilization of knowledge, so as to make the innovative achievements better benefit the people.

Accurately grasp the international cooperation and competition strategy of intellectual property。General secretary Xi Jinping profoundly pointed out that we should uphold the principle of the community of human destiny, adhere to the principle of openness, inclusiveness and balance, and participate in the global intellectual property governance under the framework of the World Intellectual Property Organization (IP), and promote the improvement of international rules and standards, such as intellectual property rights and related international trade and international investment, so as to push forward the global intellectual property governance system towards a more just and rational direction. Exhibition. We should deepen cooperation one after another in one belt, one road, and the other countries and regions, and advocate knowledge sharing. The important speech of general secretary Xi Jinping has profoundly expounded the strategic requirements of intellectual property rights in international cooperation and competition. We need to focus on the overall situation of national reform and opening up and intensify international cooperation in the protection of intellectual property rights. In particular, one belt, one road, the world intellectual property organization, the "one belt and one road", the Sino US, Japan, Japan and South Korea, BRICs and other intellectual property cooperation platforms, will promote the improvement of the international governance system of intellectual property rights. To strengthen the protection of internal and external balance, we should not only strictly protect the legitimate intellectual property rights of foreign-funded enterprises in China according to law, but also promote foreign governments to strengthen the protection of China's intellectual property rights.

Accurately grasp the key tasks of intellectual property protection。In his speech, general secretary Xi Jinping put emphasis on strengthening the top-level design of intellectual property protection, improving the level of rule of law in the protection of intellectual property rights, strengthening the whole chain protection of intellectual property rights, deepening the reform of the system and mechanism of intellectual property protection, promoting the international cooperation and competition in the field of intellectual property rights, and safeguarding national security in the field of intellectual property rights. This is a major deployment for the protection of intellectual property rights based on the overall situation and the future, which is highly targeted and instructive. These six aspects are interrelated and organically unified, which are the key areas and core links of intellectual property protection. We need to grasp the six important instructions of general secretary Xi Jinping, set up systematic ideas, highlight the key points of work, promote the implementation of the air plant as a whole, carry out "two maintenance" in practical action, and ensure that general secretary Xi Jinping's important instructions are rooted in the field of intellectual property and bear fruit.

3、 Adhere to the road of intellectual property development with Chinese characteristics and create a new situation in the reform and development of intellectual property cause

At the new historical starting point, we must resolutely implement the spirit of general secretary Xi Jinping's important speech and the central government's decision and deployment on China's intellectual property rights work, accurately grasp the new development stage, thoroughly implement the new development concept, promote the construction of a new development pattern, continuously improve political judgement, political understanding and political execution, and adhere to the road of intellectual property development with Chinese characteristics. We should effectively enhance our ability to do a good job in the protection of intellectual property rights under the new situation, constantly create a new situation in the reform and development of intellectual property rights, and provide more powerful support for building a socialist modern country in an all-round way.

At the 2020 China International Trade in services Fair, the state and local intellectual property departments jointly sent personnel to the Intellectual Property Protection Office of the fair to carry out on-site intellectual property protection and consulting services, which effectively guaranteed the success of the fair. Jiang Wenjie, China Intellectual Property News / photo

Focus on the future and do a good job in the top-level design of intellectual property protection。We will accelerate the formulation of the strategy of building China into a powerful country with intellectual property rights and the national plan for the protection and utilization of intellectual property rights during the "14th five year plan" period, clarify the objectives, tasks, measures and implementation blueprints, formulate annual plans, and promote orderly implementation. Adhere to the principle of balance of interests between the obligee and the public, not only strictly protect intellectual property rights, but also prevent excessive expansion of rights. We should vigorously implement the patent quality improvement project to help solve the "neck sticking" problem, and cooperate with the implementation of the industrial foundation reconstruction project to promote the creation and reserve of relevant intellectual property rights. We will continue to implement the trademark strategy, launch the implementation of geographical indications to help rural revitalization, and support high-quality economic and social development.

Keep pace with the times and improve the level of the rule of law in the protection of intellectual property rights.。We should strictly implement the relevant provisions of the intellectual property system of the civil code, do a good job in revising the implementation rules of the patent law, establish a national patent infringement dispute settlement mechanism with great influence, and steadily implement the early settlement mechanism of drug patent disputes. We should do a good job in further revising the trademark law and strengthen the legislation of geographical indications. We will strengthen the construction of the guidance system for intellectual property administrative law enforcement, and promote the organic unity of the standards for examination and authorization, administrative law enforcement, and judicial adjudication. Coordinate and promote the connection of online litigation and mediation between the intellectual property department and the court, and promote the diversified solution of intellectual property disputes. We will work with relevant departments to strengthen law enforcement and crack down on key areas and regions where infringement and counterfeiting are frequent.

Make concerted efforts to strengthen the whole chain protection of intellectual property rights。We should strengthen the cooperation among departments, improve the protection system from the aspects of examination and authorization, administrative law enforcement, judicial protection, arbitration and mediation, industry self-discipline, citizen integrity and so on, and build a big protection pattern. We will further improve the comprehensive management system of intellectual property rights and enhance the ability of system protection. Efforts should be made to build a convenient and beneficial intellectual property public service system, implement the project of improving the ability of intellectual property public service, and promote the standardization of intellectual property public service. We will strengthen the construction of intellectual property information and intelligent infrastructure, and promote the online and offline integration of intellectual property protection. Further promote the pilot of classified supervision based on credit, and promote the construction of intellectual property integrity system. We should strengthen publicity, education and public welfare training, and enhance the awareness of the whole society to respect and protect intellectual property rights.

Continue to innovate and deepen the reform of the system and mechanism of intellectual property protection。We will continue to do a good job in implementing a series of reform plans of the Central Committee on the protection of intellectual property rights since the 18th CPC National Congress to ensure the effectiveness of the reform. We should study and implement differentiated industrial and regional intellectual property policies, improve the intellectual property examination system, promote the renewal of examination concepts, technological innovation and work innovation, continuously improve the quality and efficiency of examination, and better meet the needs of the masses. We will improve the intellectual property protection system for new formats in new fields such as big data, artificial intelligence and gene technology, and promote the development of new formats and new fields. We should improve the evaluation system of intellectual property rights, improve the value evaluation mechanism and standards, improve the ownership system of intellectual property rights, study and formulate relevant systems to prevent the abuse of intellectual property rights, and promote the realization of the value of intellectual property rights.

Actively promote international cooperation and competition in the field of intellectual property。We should deeply participate in the Multilateral Governance of the world intellectual property organization, accelerate the completion of China's accession to the Hague Agreement on international registration of industrial designs, actively participate in the negotiations on intellectual property chapters of relevant free trade area agreements, promote the improvement of international rules and standards on intellectual property and related international trade and investment, and promote the global intellectual property governance system towards a more just and reasonable direction development. We should broaden the channels of intellectual property publicity, tell the story of China's intellectual property, and further establish a good image of China's strict protection of intellectual property in accordance with the law. Deepen the "one belt, one road" intellectual property cooperation and build a new road of innovation. We will fully implement the intellectual property chapter of the regional comprehensive economic partnership agreement (RCEP) and the China EU agreement on the protection and cooperation of geographical indications to promote trade.

Stick to the bottom line and resolutely safeguard national security in the field of intellectual property。Adhere to the concept of overall national security, strengthen the independent research and development and protection of key core technologies related to national security, and manage the external transfer of intellectual property rights related to national security according to law. We will improve laws, regulations, policies and measures related to intellectual property anti-monopoly and fair competition, and form a legitimate and powerful means of restriction. We should form an efficient international intellectual property risk early warning and emergency mechanism, speed up the construction of the national overseas intellectual property dispute response guidance center, strengthen the early warning and rights protection assistance of Chinese enterprises' overseas intellectual property risks, and earnestly safeguard their own development interests.