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"China will continue to promote scientific and technological innovation. Increase investment in science and technology, and strengthen intellectual property protection." After a lapse of four years, following the proposal to strengthen the protection of property rights at the Davos Forum in January 2017, President Xi Jinping made a statement in the world on January 25 When delivering a special speech at the "Davos Agenda" dialogue meeting of the Economic Forum, it once again proposed strengthening the protection of intellectual property rights and is committed to working with other countries to create an open, fair, just, and non-discriminatory environment for technological development.
On January 17, 2017, President Xi Jinping delivered a keynote speech at the opening ceremony of the 2017 Annual Conference of the Davos Forum and emphasized that China will actively create a relaxed and orderly investment environment, relax foreign investment access, and build high-standard free trade trials District, strengthen the protection of property rights, promote fair competition, and make the Chinese market more transparent and standardized.
So, in the past four years, what measures has China taken to strengthen intellectual property protection and optimize the business environment, and what are the results?
"The protection of intellectual property rights is the protection of innovation. The protection of intellectual property rights is the'catalyst' and'accelerator' of the construction of the technological development environment. In recent years, my country's intellectual property protection work can be said to have accumulated a lot: legislation is becoming more complete, amendments to laws are constantly being improved, and law enforcement is updated with the times The popularization of law is deeply rooted in the hearts of the people." Tao Xinliang, honorary dean of the School of Intellectual Property of Shanghai University and dean of the School of Intellectual Property of Wenzhou, said in an interview with a reporter from China Intellectual Property News.
To strengthen intellectual property protection, top-level design is the key. In recent years, the Party Central Committee and the State Council have attached great importance to the protection of intellectual property rights. In particular, on November 30, 2020, General Secretary Xi Jinping delivered an important speech during the 25th collective study session of the Political Bureau of the CPC Central Committee, which provided fundamental follow-up and action guidelines for comprehensively strengthening my country's intellectual property protection work in the new era. In the past few years, my country’s trademark law, patent law, copyright law, and anti-unfair competition law have successively completed revisions. The Civil Code stipulates a punitive compensation system for intellectual property infringement; in November 2019, the General Office of the CPC Central Committee and the General Office of the State Council The "Opinions on Strengthening the Protection of Intellectual Property Rights" was issued, and a series of important policy measures and targeted innovation measures were put forward, which provided a goal for all regions and departments to carry out intellectual property protection work. It can be said that my country's intellectual property system construction has achieved fruitful results, providing a strong institutional basis for strengthening intellectual property protection.
Now, intellectual property protection has become an "accelerator" for optimizing the environment for technological innovation and business. In the "Global Innovation Index Report" released by the World Intellectual Property Organization, China ranked 14th, leading middle-income economies; in the "Doing Business Report 2020" released by the World Bank, China ranked 31st; the United States and China The "2019 China Business Environment Survey" report released by the National Commission for Trade shows that 58% of US companies believe that China's intellectual property protection has improved. So how should my country make efforts to strengthen the protection of intellectual property rights in the future?
Shan Xiaoguang, Dean of the Shanghai International Intellectual Property Institute of Tongji University, suggested in an interview with our reporter: "First, China should continue to improve the intellectual property legal system and explore diversified knowledge while strengthening judicial protection and administrative enforcement of intellectual property rights. Property rights dispute resolution mechanism. Secondly, while strengthening the protection of intellectual property rights, it is necessary to deeply understand the conflicts of interest between the rights holders and the public, and through the improvement of the intellectual property system and supporting legal systems, the above-mentioned contradictions should be properly resolved to achieve both Strictly protect intellectual property rights, and ensure both public interest and incentives for innovation. Thirdly, China must seize the opportunity of the new round of technological revolution and actively contribute Chinese wisdom in the formulation and improvement of international intellectual property rules and standards."
In Tao Xinliang's view, to create an open, fair, just, and non-discriminatory technological development environment, my country's intellectual property protection must "walk on two legs", that is, combat infringement and abuse of regulatory rights. “At present, China’s newly revised patent law has added provisions prohibiting the abuse of patent rights. In the next step, it is recommended to further refine the regulations on intellectual property abuse and abuse of litigation, so as to create an open, fair, just, and non-discriminatory technology. The development environment provides legal support."