Abstract In 2012, China has become the largest country in patent applications, and the growth rate of PCT international patent applications ranks first in the world. With the gradual reduction of the gap between innovation capability and foreign countries, how to promote the achievement, industrialization and commercialization of China's technological innovation, and realize the intellectual property...
In 2012, China has become the largest country in patent applications, and the growth rate of PCT international patent applications ranks first in the world. With the gradual narrowing of the gap between innovation capability and foreign countries, how to promote the achievement, industrialization and commodification of China's technological innovation and realize the economic and social value of intellectual property rights has become increasingly prominent and important. The 18th National Congress of the Communist Party of China put forward the "implementation of innovation-driven development strategy", "implementing intellectual property strategy, and strengthening intellectual property protection." SMEs are a new force driving innovation-driven development. According to relevant statistics, 65% of China's patents, more than 75% of technological innovations, and more than 80% of new product development are completed by SMEs. Strengthening the intellectual property management and protection capabilities of China's SMEs is of great significance for effectively exerting the support and guarantee role of intellectual property rights for economic and social development and enhancing the new driving force for innovation-driven development.
"In recent years, China's intellectual property strategy implementation has continuously made new progress, but there are still some factors that are not conducive to the use and protection of intellectual property rights of small and medium-sized enterprises." The National Federation of Industry and Commerce submitted a paper entitled "Strengthen China's Small and Medium-sized Enterprises" during the two sessions. The Proposal for Enterprise Intellectual Property Management and Protection Capability states that the first is the lack of a social service system for the management and protection of intellectual property rights of SMEs. “Small and medium-sized enterprises are small in scale and have a great dependence on the external environment and service system. The lack of comprehensive information support systems such as information, intermediary and hardware is not conducive to the technological innovation and the realization and improvement of the value of SMEs in China.â€
Second, the proposal argues that the lack of flexible and diverse intellectual property dispute resolution mechanisms is also a major disadvantage. "At present, the main way to resolve intellectual property disputes is judicial trial or administrative relief. The case processing time is too long and the expenses are too high. It is difficult for SMEs to bear this huge cost. The cost of safeguarding rights is too high, and many SMEs do not pay attention to knowledge. Protection of property rights."
“Third, there is a lack of a sound intellectual property legal system.†The National Federation of Industry and Commerce believes in the proposal that trade secrets, as an important component of intellectual property rights, play a pivotal role in market competition, and the protection of trade secrets has been widely recognized by many countries. However, China still does not have a complete system of Trade Secrets Law. There are still many deficiencies in the legal protection of trade secrets, which cannot meet the requirements of market economy development.
“The last point is the lack of a fair market environment.†The proposal pointed out that one of the strong problems reflected by enterprises is that the existing legal system is incomplete and unsuitable, lacking a sound management network and powerful management measures to deal with a large number of illegal activities. Infringements lead to pirated infringers easily obtaining illegal income, which is not conducive to establishing and maintaining a market environment of fair and orderly competition.
In order to effectively solve the above problems, the National Federation of Industry and Commerce first proposed to establish and improve the intellectual property social service system for SMEs. "Mainly to accelerate the development of intellectual property information public service system and the development of intellectual property agency industry, set up information service organizations, set up management, consulting, training institutions. It is recommended that intellectual property management departments increase cooperation with chambers of commerce (associations), will be Chamber of Commerce (association) Create an important platform for coordinating intellectual property-related information and promoting technology transfer."
In addition, the Chamber of Commerce (association) should be fully utilized. The intellectual property management department cooperates with the Chamber of Commerce (association) to establish a regional and industrial intellectual property protection self-discipline mechanism, and supports the Chamber of Commerce (association) to carry out intellectual property rights protection services and dispute mediation.
The National Federation of Industry and Commerce finally called for the improvement of the intellectual property legal system. Introduce a special trade secret protection law as soon as possible, clarify the concept and scope of trade secrets, reasonably define the rights and obligations of the parties, and improve the trade secret protection system. At the same time, improve the anti-unfair competition law, allow market entities other than rights holders to sue intellectual property infringers, and increase the risk and pressure of the infringer.
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