China'S Intellectual Property Protection Is Just Beginning What Role The Government Should Play.

Intellectual property protection is one of the important tasks related to the great cause of independent innovation. It can be said that without intellectual property protection, there is no independent innovation.

Premier Wen Jiabao once pointed out: "protecting intellectual property rights is not only the need to establish our international credit and expand international cooperation, but also the need to encourage domestic independent innovation.

To protect intellectual property rights is to respect labour, respect knowledge, respect talents, respect creation, and encourage technological innovation.

In July this year, China's leading technology group won the first Chinese intellectual property lawsuit in the US, and wrote the myth that Chinese enterprises won the victory in intellectual property disputes between China and the United States.

The case has important implications for Chinese enterprises in pnational operations and in dealing with foreign intellectual property litigation, and will become a successful example of Chinese enterprises' overseas legal rights protection cases.

In 2004, the intellectual property rights dispute between China and the United States was first founded in China.

At that time, Tongling technology was founded for three years, but it already has three US patents, and it is one of the five enterprises that produce GFCI products all over the world.

GFCI products have a huge market of $3 billion a year in the United States.

The product of Tongling technology has just entered the United States, and has been "ambushed" by the giant of the same industry.

In April 2004, the company used a GFCI patent, the "588" patent, to launch a lawsuit against four Chinese leading technology customers in the New Mexico, Florida, California and other local courts on the grounds of infringing their patents.

As a result, the intellectual property dispute between China and the United States has attracted much attention.

In March 2005, the company also used the "588" patent "766" patent to prosecute another American client of Tongli technology.

The company is the world's top 500 enterprise, with a history of 100 years, and has fought 38 lawsuits in 39 years, all forcing rivals to choose reconciliation.

What they did not expect was that they had been subjected to unprecedented and stubborn resistance by Chinese enterprises.

"We have absolute confidence in breaking the barriers to US patents.

Now our technology has owned independent intellectual property rights, and we are confident that we will fight it out. "

In order to safeguard the legitimate rights and interests of us clients, the company has joined the us to take the initiative to join the lawsuit as a manufacturer in order to bear all the litigation costs and tort guarantees of the defendant, and successfully pferred all the cases to the Federal District Court of New Mexico.

After more than 700 days and $2 million in litigation costs, in May 23, 2006, the New Mexico Federal District Court issued the Markman order, which had decisive effect on the final trial result of the "588" patent case. It clearly identified that the products of Tongli technology did not invade. This is the first command of the Chinese enterprise in the Sino US intellectual property disputes.

In July 10, 2007, judge Browning of the Federal District Court of New Mexico, United States, issued a verdict to determine that Tongzhi technology made GFCI products sold to the United States and did not infringe the American patent No. 6246558 of the company.

The process of adhering to independent innovation, stubbornly resisting malicious lawsuits and winning the lawsuit is the process of winning the market for itself. The core of its winning and losing is independent intellectual property rights, which is the contest of the strength of new and high technology.

This victory also reflects the fact that Chinese enterprises have mastered the game rules of intellectual property patent litigation in the United States, and have the ability to control the patent cases of intellectual property rights which are very complex and difficult to operate in the United States. It is a typical case for Chinese enterprises to participate in international competition by using intellectual property rights.

In recent years, great progress has been made in the protection of intellectual property rights in China.

However, compared with developed countries, China still has a considerable gap in protecting and encouraging enterprise knowledge innovation.

99% of domestic enterprises have not applied for patents, and only 40% of enterprises own their own trademarks.

Many enterprises are in the state of "manufacture", "no creation", "property right" and "no knowledge". Enterprises generally lack the experience of using intellectual property protection system to participate in market competition, resulting in frequent occurrence of intellectual property lawsuits.

China is now a big manufacturing country in the world, and the output of nearly 200 kinds of products ranks first in the world.

Compared with the developed countries, the comparative advantage of China's industry lies in the cheap labor force. The biggest gap is the lack of innovation ability. Most of the design and manufacturing technologies rely on the introduction, the technology with independent intellectual property rights is less, and the original products and technologies are less.

A typical example is "100 million jeans can be exchanged for a Boeing aircraft".

Our products are not only poor in manufacturing and processing capacity, but because of the lack of core technology and independent brands with independent intellectual property rights, we can only undertake subcontracting and processing, and earn a small amount of processing fees.

Nike, which owns intellectual property and brand, sells a pair of shoes for us $more than 100, while our Nike shoe manufacturers earn only US $1.

In addition, from the current situation of intellectual property rights, the number of patents applied by Chinese enterprises is far lower than that of developed countries.

Half of the inventions with high gold content come from abroad, mainly in high-tech fields such as mobile communications, TV systems, computers and so on. The other half comes from domestic invention patents, about 40% of them are personal applications, and only more than 20 thousand are applied by state-owned enterprises, scientific research institutes and tertiary institutions, and applications are mostly concentrated in traditional fields such as traditional Chinese medicine, soft drinks, food and so on.

According to statistics, only 3/10000 of enterprises with core technology of independent intellectual property rights in China, a large number of enterprises lack independent innovation and have not formed their core technology.

In recent years, the export of mechanical and electrical products in China has been increasing rapidly for 20 years. It has increased from US $1 billion 680 million in 1985 to US $549 billion 400 million in 2006 and increased 254 times in 20 years.

The share of foreign trade exports has increased from 6.1% in 1985 to 56% in 2006, accounting for 0.25% of the world's export of electromechanical products to 9%.

Exports have leapt to the third place in the world.

But there are more and more trade frictions against China's export products.

Since China's entry into WTO, China's electromechanical products have frequently encountered foreign anti-dumping cases, intellectual property disputes and other cases, involving billions of electromechanical products.

In the United States, China's electromechanical products have also been frequently accused. The United States launched more than 60 "337 investigations" for China's export of mechanical and electrical products.

The two industries of China's DVD and color TV are deeply troubled by royalties.

At present, foreign companies often use patent networks and huge royalties to form patent barriers to Chinese companies.

Some foreign enterprises, after obtaining a patent of a technology, use it as a basic patent, apply patents to their improved technology and peripheral related technologies, form a patent network consisting of basic technology and peripheral related technologies, thus forming a patent barrier for enterprises with strong cost technology, so that competitors can not break through.

It can be imagined that, with the rapid development of knowledge economy and the acceleration of the process of economic globalization, the protection of high-tech independent intellectual property rights is increasingly becoming an important means of international competition and non-tariff barriers, and has become an important means for all countries to deal with international economic, technological and trade issues.

What role should the government departments play? In order to continuously improve the capability of creation, management, implementation and protection of intellectual property in China, and improve the modern intellectual property system, China's intellectual property strategy is being draggled.

Looking at the world, many countries have also formulated or implemented the national intellectual property strategy to seek greater advantages in international competition.

Since 80s of the 20th century, in order to restore its strong position in the world economy, a series of major measures to strengthen the protection and management of intellectual property rights have been taken. The European Union has released six major strategic objectives of scientific and Technological Development in order to improve its innovative ability and international competitiveness. It has put forward the goal of "building the European Union into the most dynamic and most competitive European Union in the world" by 2010. Japan also published its intellectual property strategy outline in 2002, and passed the basic law of intellectual property rights by Parliament. It has pioneered the slogan of "establishing intellectual property rights" in the world, put forward that the creation of intangible assets should be placed in the basic position of industry, and made plans of action from four aspects of creation, protection, application and talent base of intellectual property. The United States from above

Other developed countries have also adopted new policies and measures to energetically foster high-tech industrialization, encourage technological innovation and progress, promote the pfer and diffusion of technology, and speed up the upgrading and upgrading of industrial structure, so as to further enhance the core competitiveness of the country.

The intellectual property system is a basic legal system and effective mechanism recognized and promoted by the international community. It is also an inevitable choice for the reform and opening up and the development of market economy.

In order to effectively implement our intellectual property strategy, the government should become the provider of intellectual property policies and systems.

It is the government's first duty to formulate policies and regulations on intellectual property rights and create good institutional environment and conditions for the implementation of intellectual property strategy and intellectual property rights economy, and provide reasonable and predictable behavior rules for all parties to intellectual property rights.

Encouraging enterprises to innovate independently, building an innovative country and cultivating the intellectual property market, all of which urgently need reasonable policies and support from "good law".

China's governments at all levels should focus on the following issues in formulating policies and regulations on intellectual property rights: writing the provisions of intellectual property rights into the constitution as soon as possible, providing strong constitutional protection for the owners of intellectual property rights, establishing a good constitutional basis for the development of intellectual property rights in China, innovating and improving the intellectual property rights system, strengthening the incentive, restriction and protection of intellectual property rights, modifying and perfecting the legal rules of investment and financing, building a diversified knowledge innovation investment and financing support system, tightening up the anti-monopoly law, Resolutely Curbing the abuse of intellectual property rights, reforming and improving the disciplinary system of intellectual property infringement, severely punishing the illegal infringement activities in the field of intellectual property rights, and substantially improving the cost of infringement of intellectual property rights.

In addition, the government should fully carry out the functions of publicity and education and guidance, strengthen the creation consciousness and protection concept of the intellectual property rights of the people, and strive to create a good atmosphere for self-restraint and mutual supervision among the whole people, and gradually establish the ideology and moral code of conduct for respecting and protecting intellectual property rights among enterprises and citizens.

With the rapid development of science and technology and the increasingly brutal market killing, strengthening the protection of intellectual property rights and enhancing the capability of independent innovation are the inevitable choice of history.

It can be said that without the perfect intellectual property protection system, China's independent innovation capability can not be released. This is not only related to China's image, but also to China's own development, which is related to China's national interests.

From this point of view, our intellectual property protection work has just begun.