Comprehensively strengthen intellectual property protection work
February 04, 2021 09:07 Source: "China Social Sciences", February 4, 2021, Issue 2105, Issue 2105

Current,"Innovation is the first motivation to lead development"。In the development of innovation -driven,Intellectual property is the basic institutional guarantee。In other words,"Protecting intellectual property rights is to protect innovation"。November 2020,General Secretary Xi Jinping emphasized when chairing the 25th collective study of the Political Bureau of the CPC Central Committee: "Comprehensively build a socialist modern country,Starting from the national strategic height and entering the new stage of development,Comprehensively strengthen intellectual property protection work,Promoting the construction of a modern economic system,Stimulate the vitality of the whole society,Promote the establishment of a new development pattern。"for this,We should break through the following four aspects、Active promotion、Jiu Jiu is a merit,To comprehensively strengthen the protection of intellectual property rights to promote the establishment of a new development pattern。

  bet365 Play online games For more than 20 years,In the drafting process of the "Civil Code" in my country,There has always been the argument of how the intellectual property law is entered into the classics。The promulgation and implementation of the "Civil Code",Make this problem settle down。Intellectual property law is not able to enter the classics in the form of independent compilation,Just scattered in the general rule、Contract、property rights、Infringement liability, etc.,The main content of the Intellectual Property Law still adopts a separate form of legislation。In the strong protection structure of intellectual property rights,The current separate legislative mode has a high legislation and amendment cost high、Repeated legislation、Booth content coordination、Problems such as inconvenience of judicial law enforcement。To solve these problems,Study and formulate a unified "Intellectual Property Code" as soon as possible。The formulation of the "Intellectual Property Code" in my country,The top -level design and institutional innovation in intellectual property protection。This category should include patents、Trademark、Copyright and other major intellectual property legal systems,Form a regulatory right to obtain、exercise of rights、Intellectual property entity codes for rights protection。Current,France internationally internationally、Philippines、Russia、Vietnam and other countries have carried out unified or relatively unified legislative practice in this area。Compared to the development status of intellectual property rights in these countries,The legislative conditions for formulating a unified "Intellectual Property Code" in my country are more mature,The need to adapt to economic and social development and international competition is even more urgent。

  Coordinated protection: focus on the core and basic role of judicial protection。"Strengthening the Protection of the Full Chain of Intellectual Property",It is to "from review authorization、Industry self -discipline、Judicial Protection、Arbitration mediation、Industry self -discipline、Citizen integrity and other links to perfect the protection system "。In the Overview of the Protection of Intellectual Property,The positioning and role of different protection methods actually exist in fact。where,Intellectual property Judicial Protection has core and basic role。In recent years,The number of cases is the number of cases、Professional Quality、The rigor of the program、Number of innovative cases、The final nature of the referee、The enforcement of the referee,my country's intellectual property judicial protection plays the core and basic role in the protection of intellectual property rights。Especially my country's continuous increase in the reform of the judicial trial system and mechanism of intellectual property,Established the Intellectual Property Tribunal of the Supreme People's Court、Three Intellectual Property Court、Three Internet Courts,Good solution to the long -term review period、Difficulty of proof、Questions about less compensation,Intellectual property judicial trial quality has significantly improved,International influence continues to expand。Of course,Intellectual property administrative law enforcement、Arbitration mediation、Industry self -discipline, etc. are also important。In terms of funding、Professional talents、In the case of the guarantee of professional knowledge conditions,These protection methods can be connected with judicial protection,Give full play to the role of synergy protection。

  Improve quality: Strict protection of intellectual property rights with innovative value。Although intellectual property needs to be strictly protected,But the actual value of intellectual property has a significant difference。True innovative results based on market demand Intellectual property,often has high technical value、Market value、Legal value; and mainly for the award、Fund、hoarding、Intellectual property obtained by abuse,Its quality、Value is often greatly reduced。So,In the process of strict protection of intellectual property rights, the value of intellectual property rights should be appropriately distinguished and protected by corresponding levels,For high -value patents、Well -known trademark、Boutique copyright, etc.,The upper limit of the legal compensation amount should be applied、Applicable punitive compensation、Use behavior preservation、Destroyed infringing items and other methods for comprehensive and fully protected; and for unprepared foam patents、Stocking does not use trademarks, etc.,It should not be compensated or the lower limit should be compensated。This distinction is only involved in the accurate application of the legal property legal system,It has nothing to do with the violation of the principle of equality。The original point and goal of strict protection of intellectual property rights should be,The real innovation right holder can get full legal compensation and relief,People who are disapproved of rights should not obtain improper benefits。

  Global Governance: I will build an international rules system for intellectual property。Intellectual property rights are not just internal problems of a country,It is a complex problem that is related to international discourse and competitiveness。my country must "deeply participate in global intellectual property governance under the framework of the world intellectual property organization",Improving international rules of intellectual property,Master the international discourse right of intellectual property,It should seek a path that effectively participate in global intellectual property governance。For more than 40 years,my country participates in global intellectual property governance、The main method of the international rules system is to accept and join the rules system formulated by others、Participate in the joint formulation rules system。In the new era,my country is already the world's largest industrial country、The largest cargo trading country、The largest country of manufacturing,Invention patent application volume and trademark registration volume has ranked first in the world for many years。When constructing an international rules system for intellectual property,We should take a different approach、Main me、Active responsibility,take the lead in the network economy、Digital economy、New Industry、New business and other fields,Innovate the rules of intellectual property protection,and take the lead in applying it first,Then through the World Intellectual Property Organization、Multilateral negotiation、Bilateral negotiations and other channels spread to other countries、For this,Gradually transform it into a common rule for international intellectual property。Constructing an international rules system for intellectual property,is the process of changing passive acceptance rules as active creation rules。For this,We need to establish ideas as soon as possible、Do a good job of plan、Expand action、Continuous advance。

Another,Technical Security、The needs of industrial security,my country needs to pay special attention to the "card neck" technology、The intellectual property layout and protection of the industry,Strengthen basic research、Focus on original innovation,Study and establish the rules for the protection of multinational intellectual property rights as soon as possible; based on the principle of judicial sovereignty,Strengthen the international judicial game,In the standard necessary patent、Commercial Secret Protection、Behavioral security、Jurisdiction of the case in key areas such as refereeing and other key areas,Maintain my country's industry、The legitimate rights and interests of the enterprise。

(The author is a professor of intellectual property college of South China University of Technology)

Editor in charge: Cui Cen
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