First, the main problems faced by intellectual property protection in China
(A) the loss of technology
"Qiao, the need of work is also." Protection technology has been an important measure to protect industrial and agricultural production since ancient times.
However, due to the lack of complete intellectual property protection, a large number of proprietary technologies, such as traditional Chinese medicine, have been lost in China. China is the birthplace of traditional Chinese medicine, with many intangible intellectual property rights. However, due to the lack of complete intellectual property protection, some well-known prescriptions and formulas of traditional Chinese medicine are easily obtained by foreign enterprises, and then copied by using their advanced technology, such as Liushen Pills. It is reported that Liushen Pill is a very common Chinese patent medicine in China. However, after Japanese company took over it, it became a famous "life-saving pill" with a little modification and packaging. The annual sales of this kind of heart-saving pills in the international market can reach 600-700 million dollars, which is equivalent to the total export of traditional Chinese medicine in one year. In addition, Anhui Xuan paper technology and cloisonne technology were disclosed in those years because we didn't apply for a patent for this technology and didn't give it favorable protection as a trade secret. As a result, the foreign party neglected to master the key technology and took away a full set of technical data, which caused a devastating blow to our national industry.
(B) trademark fade out
In the process of our joint venture, it is obvious that the trademark fades out. The foreign party consciously chooses some well-known domestic manufacturers to cooperate, and then restricts the use of their trademarks in the joint venture agreement on the pretext that their products are brand-name products, or simply spends huge sums of money to buy out the right to use our famous trademarks, and then occupies them instead of using them, and at the same time promotes the goods with their trademarks. In this way, the well-known brands we have built for decades have been completely replaced by foreign brands within a few years. For example, in the beverage industry, the original "Asia", "Laoshan" and "Eight Kings Temple" were the "eight famous brands" in China. At first, except Jianlibao and Zhengguanghe, the other six companies all had joint ventures with Coca-Cola and Pepsi. The washing powder industry, Shanghai's "White Cat" and Guangdong's "Gao Fuli" and "Zhong Yi", was controlled by foreign parties after the joint venture. They use the production capacity and sales channels of well-known domestic brand manufacturers to promote their high-priced "Ranbo" and "Tide" and put our well-known brands in the cold. After the joint venture with the United States, Jiehua soap from Guangzhou Soap Factory was quickly replaced by Head & Shoulders and Pan Ting. Our domestic brands are gradually fading out of the market.
(3) The trademark has been registered.
Intellectual property rights are rights with regional characteristics, that is to say, intellectual property rights obtained according to a country's laws are only valid in that country and may not be protected in other countries. The same is true of trademarks. In recent years, when some of our famous brands are ready to export to the international market, we find that their trademarks have been registered by foreign businessmen. For example, Hisense, an electrical trademark, is registered in Germany, Konka is registered in the United States and Kelon is registered in Singapore. Yunnan cigarette brands Ashima and Hongtashan are registered in the Philippines, and Wuliangye is registered in South Korea. Tianjin Mahua trademark "Guifaxiang 18th Street" and Beijing pickles brand "Liubiju" are registered in Canada. Du Kang, a Henan liquor brand, Tongrentang, a century-old brand, and Yidege Ink, which is listed as China's "national treasure", have all been registered by the Japanese. (People's Daily (2006-04- 17, 5th edition), after trademark registration, products enter these countries and regions, and we either spend a lot of money to buy back our trademark rights, or "change our name and surname" and re-cultivate famous brands. Invisibly, our well-known trademarks have been diluted, which has seriously damaged the value of well-known trademarks.
(3) Encountering intellectual property fraud
As we all know, intellectual property rights are regional and temporal rights. Intellectual property rights that are valid in one country may not be protected in another country. Apart from trade secrets, intellectual property is a right for a certain period of time, not a permanent right. After the legal protection period, anyone can use it freely without the permission of the obligee. However, due to our lack of knowledge in this field, we have been cheated by intellectual property rights again and again. For example, an automobile factory in China negotiates a joint venture with a foreign investor, and the foreign investor contributes technology shares, with 97 patented technologies, equivalent to * * *160,000 USD. Because the company didn't know the patent law, it later learned that 23 of the 97 patented technologies had expired, 29 were about to expire, and 13 had just applied. Only 32 patents are actually counted, that is to say, two-thirds of the patents cannot be converted into shares. The enterprise was cheated and regretted it.
Second, the basic ways to strengthen the protection of intellectual property rights in China
To strengthen the protection of intellectual property rights in China and improve the level of intellectual property protection, we should achieve one transformation, two attentions and three improvements.
(1) Changes
One change is to change ideas and enhance the awareness of intellectual property protection. Many of our enterprises still hold the old idea that inventions can't be taken away by others in their own hands, and even think that applying for patents costs a lot of money and is not worth it. There are few domestic enterprises that really attach importance to intellectual property rights. Except for a few enterprises such as Haier and Peking University Founder, which have systematic intellectual property management, most other enterprises are still limited to the management of tangible assets. According to the information obtained by the China Intellectual Property Protection Forum in 2008, 99% of enterprises in China have never applied for patents, and as many as 60% of domestic enterprises do not have their own trademarks. Therefore, many domestic enterprises also have a wrong understanding. I believe that if China really implements the intellectual property system, the result will be to protect enterprises in other countries, while domestic enterprises will be the targets of law enforcement because they have no core technology and related property rights. Therefore, there is still a feeling of conflict in concept. However, we should know that the future economic competition is the competition of intellectual property rights. Today, we can only change an airplane by producing 800 million shirts. Without the protection of intellectual property rights, we will not develop.
(2) Two points for attention
1. Attach importance to training intellectual property professionals.
2 1 century What is the most expensive? Talent! The application of intellectual property strategy must be carried out by people with professional awareness and knowledge. The current situation in China is: universities and public research institutions directly involved in innovation lack intellectual property management; R&D personnel undertaking major national scientific research projects have no patent awareness; Participants in the market economy do not understand the intellectual property strategy. According to statistics, at present, there are only more than 10,000 patent workers in China, with an average of one person per 6,543.8+0.3 million people knowing about patents. In sharp contrast, after the implementation of the intellectual property system, almost all the best intellectual property management talents trained in China work in the intellectual property departments of foreign companies, the best patent agents work in foreign-related institutions, and the best R&D personnel continue to apply to foreign-funded scientific research institutions.
2. Pay attention to the development of independent intellectual property rights.
I wonder if you still remember that many DVD manufacturers in our country have been accused of infringement. D V D production enterprises in our country have been accused by multinational companies such as Hitachi of infringing their core patents because they don't have their own intellectual property rights and use other people's technology patents. Even now, for every DVD produced in China, China enterprises have to pay 4% or $4.5 of the net selling price of the product abroad as a patent license fee. Tian Lipu, director of China National Intellectual Property Administration, revealed at the 2006 "China High-level Forum on Intellectual Property Protection" that China's total foreign trade has ranked third in the world, but independent innovation of high-tech products only accounts for 2% of the total foreign trade; In 2005, among the global 100 most valuable brands, China recorded zero for eight consecutive years. At the Canton Fair in autumn of 2005, only 2 1% of China's export products had their own trademarks. Due to the lack of independent intellectual property rights, we have to pay 20%-40% of the price of each mobile phone, computer and CNC machine tool to foreign patent holders to "make wedding clothes for others".
(3) Three major improvements
1. Strengthen legislation and improve the legal system of intellectual property rights.
The basis of the rule of law is that there are laws to follow. Strengthening the protection of intellectual property rights must be based on a complete legal system. Over the past 30 years of reform and opening up, China has established a relatively complete legal system of intellectual property rights, and has successively joined some important international conventions on intellectual property protection. Generally speaking, China's legal system has met the requirements of the WTO for developing countries. However, the intellectual property protection system in China is not perfect. For example, we have no anti-monopoly law that stipulates how to exercise intellectual property rights. The monopolistic behavior that leads to the abuse of intellectual property rights by patentees in China's market cannot be effectively supervised. For example, Windows98 sold by Microsoft in the United States costs more than 800 RMB, while the retail price in Chinese mainland market is 1980 RMB. Because of this price difference, consumers in China spend 1 100 million RMB a year.
2. Strengthen law enforcement to ensure the realization of the interests of intellectual property rights holders.
The protection of law lies not only in the perfection of legislation, but also in strong law enforcement. However, it is obvious that the judicial organs are ineffective in law enforcement. First, local protectionism is serious. Some local industrial and commercial departments responsible person bluntly said: In principle, for the sake of local economy, the government is not allowed to crack down on counterfeiting. Because of this, when they take action, they just deal with it, and the effect is not ideal. Second, the current law is not strong enough to crack down on infringers, and heavy penalties for economy, compensation and crime are not in place, which can neither hurt nor kill. Rights are interests protected by law. If the interests of the obligee are not realized, then no one will be willing to spend real money to make products with technical content, and will be more willing to be a profitable predator. In the long run, it will damage a country's innovation ability and even endanger its survival and development. Therefore, to strengthen the protection of intellectual property rights in China, we must strengthen law enforcement and severely crack down on criminal acts of infringing intellectual property rights.
3. Strengthen publicity and education to make intellectual property protection deeply rooted in people's hearts.
1447, the world's first patent law, the Venetian Patent Law of People's Republic of China (PRC), was born. 1883, an important international convention for the protection of intellectual property, the Paris convention for the protection of industrial property, was signed. 1967 When the World Intellectual Property Organization was founded, the protection of intellectual property rights in China was still blank. It was not until 1982 that China formulated the first trademark law to protect intellectual property rights. Moreover, the establishment of intellectual property system in developed countries was spontaneously completed with the industrial revolution, which is an inherent institutional demand and has a broad social foundation. Our intellectual property system is mainly realized by government decrees, which is a top-down process and lacks the corresponding ideological and economic foundation. Therefore, it takes a period of time for people to understand, understand and abide by the protection of intellectual property rights, and it also requires unremitting publicity, popularization and education by the government. Japan's new slogan is "Building a country with intellectual property rights". In Japanese primary and secondary school textbooks, the content of national intellectual property protection is impressive. It can be seen that Japan has raised the protection of intellectual property rights to the height of national interests. We should also have this understanding. Only through persistent publicity and education can the protection of intellectual property rights be deeply rooted in the hearts of the people.