The Development Of Intellectual Property Rights In Textile Industry In The Ten Years After Entering WTO

At present, China's textile patent database contains about 200000 patent data, but the number of patents in the textile industry is relatively small in the total number of patents in China, and the scale of China's textile industry is not very large.

1. the number of textile enterprises with R & D institutions will drop first and then rise.

In the 2001~2009 years, the total number of large and medium-sized textile enterprises in China increased year by year, from 1837 in 2001 to 3026 in 2009, an increase of 64.7%. In the 2001~2009 years, the number of textile enterprises in R & D institutions of our country decreased first and then increased, from 348 in 2001 to 307 in 2003, and then increased to 609 in 2009. 2001~2009 years, the proportion of enterprises with R & D institutions in China's large and medium-sized textile enterprises also showed a trend of decreasing first and then increasing, from 18.9% in 2001 to 14.8% in 2009, and then increased to 609 in 2009.

2. the output value of new products has increased significantly in the total output value of the textile industry.

In the past 2001~2009 years, the gross industrial output value of China's large and medium-sized textile enterprises has been increasing year by year, from 255 billion 750 million yuan in 2001 to 1 trillion and 51 billion 470 million yuan in 2009, which has increased by more than 3 times. In the 2001~2009 years, the output value of new products of China's large and medium-sized textile enterprises has been increasing year by year, from 26 billion 670 million yuan in 2001 to 181 billion 660 million yuan in 2009, an increase of 5.8 times. In 2001~2008 years, the proportion of new product output value to total industrial output value in China's large and medium-sized textile enterprises is about 10%, and 2009 has increased to 17.3%.

3. the total number of patents in textile industry showed an overall growth trend.

Textile industry patent information service platform released data show that, in 2001~2004 years, the number of patents in China's textile industry is relatively small, always below 4000; in 2005~2010 years, the number of patents in the textile industry increased, the highest year-on-year increase in 2005, reaching 95.7%, showing a trend of first increase and then decrease; in 2010, the total number of patents in the textile industry was 31551, an increase of 12.5% over the same period last year.

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4. patent application and authorization of China's textile and paper industry

According to the statistics of China Science and technology statistical yearbook, in 2001, the number of patent applications in China's textile and paper industry was 3111, and in 2002, it increased by 148.4% to 7727, and in 2003, it dropped 51.8% to 3722.

By 2009, the number of patent applications in China's textile and paper industry increased to 10059, an increase of 5.6% over the same period last year.

In the 2001~2009 years, the number of patents authorized by China's textile and paper industry showed an upward trend, but it dropped by 4.5% in 2008 compared with the same period in 2009, and increased by 32.2% to 5418 in 2009.

In addition to 2002, the number of patents authorized by China's textile and paper industry has always been around 50% of the number of patent applications.

Two, the number of patents of major foreign trade partners

According to the statistics of the patent information service platform of textile industry, in the 2001~2010 years, the 3 countries with the largest number of patents in the textile industry were the United States, Japan and Germany, with the total number of patents being 3109811, 2820747 and 653479 respectively.

1. the United States

In the 2001~2005 years, the number of patents in the US textile industry increased, from 288583 in 2001 to 394168 in 2005. Since then, the number of patents has declined, and the number of patents in 2010 has been 121395, down 49.9% from the same period last year.

2. Japan

In the 2001~2010 year, the total number of patents in Japanese textile industry showed a decreasing trend. The number of patents in 2002 was the highest, which was 395110, higher than that of the same period in the United States. After that, the number of patents in Japanese textile industry declined for 5 consecutive years, and rebounded in 2008. The number of patents was 274759, up 19.3% from the same period last year. After that, the number of patents dropped by 25.9% and 84.3% in the past two years, and the number of patents in 2010 was only 31990.

3. Germany

In the 2001~2010 year, the number of patents in the German textile industry showed a downward trend. In 2005 and 2008, the number of patents increased by two times, but the increase was only 1.6% and 11.6% respectively.

The largest number of patents in 2001 was 103379, with the lowest number of patents in 2010, a total of 14597, representing a 85.9% decrease compared with 2001.

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Three, the impact of intellectual property disputes on China's textile industry

The increasingly fierce disputes over intellectual property rights have made an extremely adverse impact on China's textile industry, which is mainly reflected in the following 4 aspects:

1., the overall reputation of China's textile industry has been attacked, and under the increasingly strengthened international environment of intellectual property protection, it has lost the right to speak, and has become the trial holder of international trade disputes, and has partly abated the inherent regional competitive advantage.

If the famous sports brands such as Adidas, Nike, Puma and so on are puzzled by the emergence of a large number of counterfeit and infringing products in China, they are studying to pfer orders from Chinese manufacturers to Southeast Asia in different stages. Insiders estimate that if the plan is implemented, it will affect nearly 300 subcontracting enterprises in the mainland.

Especially in the current economic crisis worsening environment, many textile and garment suppliers are actively adjusting to enhance the competitiveness of their textile and garment industry. Therefore, our country is facing more and more severe competition pressure. Our competitors have both traditional textile clothing power and new textile and garment exporting countries.

2. under the background of stricter enforcement of intellectual property rights, foundry enterprises involved in intellectual property disputes have suffered heavy losses.

The main export markets of China's textile foundry products are developed countries and regions in Europe and the United States. The brands and technologies involved in infringement also belong to the well-known enterprises in these countries (regions).

As the main beneficiaries and proponent of the existing intellectual property system, the legislative bodies and market players of developed countries (regions) are bound to strengthen the protection of intellectual property rights, severely punish and continue to pay attention to infringing enterprises, and even issue an extreme way to ban trade blacklists.

For many small and medium-sized textile enterprises which rely heavily on the export of foundry, once they are involved, they are almost destroyed, thus losing their normal growth path through primitive accumulation and industrial upgrading.

3. a large number of intellectual property disputes have provided the unconventional barriers to trade and made a new obstacle to the export of China's textile industry.

In fact, after the abolition of the quota system, textile trade has not really liberalized the market. Instead, labor standards, special safeguard measures, green barriers, environmental barriers, technical barriers and so on are replaced by a series of new trade restrictive measures.

Due to the lack of comparative advantage of labor costs, developed countries (regions) have long been in a trade deficit position, and have been deliberately setting up "reasonable" barriers to textile industry imports.

Under the WTO free trade system, the protection of intellectual property rights has become a grand reason. Infringement of intellectual property rights has become an internationally recognized crime and has become a reasonable excuse for the developed countries to prevent textile imports.

4. the infringement of intellectual property rights has destroyed the road of independent innovation of China's textile industry, which may lead us to miss the opportunity of upgrading technology and branding.

Driven by the information industry, the modern textile industry is developing into a technology intensive and knowledge intensive industry, and new textile production technologies and technologies are emerging one after another.

The developed countries can gradually pform the textile industry into a technology intensive industry by taking advantage of its technical advantages and reclaim its share in the textile market.

At the same time, with the support of advanced patent technology and well-known trademarks, the export of textile industry in developed countries has developed from the output of products and the export of capital to the new stage of brand export, and the middle and high-end market of international textile and garment industry has been controlled by controlling brands.

While infringing intellectual property rights, while obtaining short-term illegitimate interests, it will produce bad demonstration effects of bad money drives out good currency, destroy the industry's independent innovation and independent brand development plan, and be deprived of the experience of foreign advanced technology through legal subcontracting.

Four, countermeasures and suggestions

Facing the huge gap in patent between developed countries and China, how to actively develop proprietary technology with independent intellectual property rights, break through the patent encirclement of developed countries and make themselves in a favorable position in fierce international competition is a serious topic we must face.

For this reason:

The departments concerned should serve the enterprises in the field of intellectual property protection.

If an expert is invited to explain the contents of intellectual property rights and knowledge about intellectual property acquired after joining the WTO, the use of websites and publications to publicize knowledge about intellectual property rights; organizing special training courses to cultivate intellectual property backbone of enterprises can provide advice for enterprises to apply for patents, avoid patent rights, crack down on patent infringement and intellectual property disputes, and participate in the decision-making of enterprises; timely and dynamically understand the patent progress of China's textile industry, and analyze and study the technological development trend of textile products.

Enterprises should actively implement the strategy of intellectual property rights, use the guidance and support of the government, seriously study professional legal knowledge, actively study national policies and laws, and make full use of intellectual property rules and means to apply for and acquire.

In short, we should learn to use national laws and regulations, avoid patent protection, intensify the fight against infringement, change from "coping" to "attack" and "passive" as "initiative" in the field of intellectual property protection. We should believe in ourselves, believe in law and believe in the state, actively implement the strategy of intellectual property protection, and jointly create a social environment protected by intellectual property rights and create a new situation in the development of the textile industry.