To further promote the upgrading of economic industries, the
state put forward the supply side of the reform program, efforts to
improve the quality and efficiency of the supply system. Product quality
depends largely on the level of product development, innovation, and
reflected in the brand awareness and other factors, so the supply side
of the structural reform to achieve a comprehensive upgrade product
quality and intellectual property system is closely related. However,
the Academy of Social Sciences recently released the "rule of law blue
book (2017)" disclosure, the current Chinese product supply is not the
overall quality is not high, the lack of innovation. China's
intellectual property rights are still low quality, inadequate
protection and protection costs are too high and other issues, seriously
hampered the enterprise innovation and product quality improvement.
Therefore, it is necessary to further improve the intellectual property
system, to promote the realization of the purpose of supply side reform.
Cemented carbide products manufacturers to apply for the number of patents is also increasing year by year, but often the actual utilization rate is less than 10% of the total application.
R & D investment of more than 5 million enterprises accounted for only 4.1%
According to the Blue Book of the rule of law, through the survey of the average investment of more than 7,000 enterprises, it is found that the total investment of R & D funds is less than 100 million yuan (67%), accounting for only 4.1% of the enterprises invested more than 5 million yuan. The enterprise's patent research and development cycle survey found that enterprise research and development cycle of 1 year and below accounted for 23.2%, 1 year to 2 years accounted for 44.1%, totaling 67.3%; and really willing to over 3 years of long-term research and development accounted for 6.2 %. This shows that the vast majority of enterprises do not want to spend too long to engage in research and development activities.
Blue Book pointed out that technological innovation determines the core competitiveness of enterprises, technological innovation, although the need for capital investment, but also a huge return, companies do not want to invest more money in the field of technological innovation is the need to reflect and improve the problem. At the same time, a country or enterprise's technological innovation ability to a certain extent, determines the product supply capacity, China's ongoing supply side of the structural reform, it is precisely to find ways to further enhance the core technology capabilities of Chinese enterprises, and enhance Its brand credibility degree. Therefore, to further improve the intellectual property protection system, help supply side reform has become an important task in the moment.
The number of patent applications is not high
According to the data released by the State Intellectual Property Office in 2015, the China Intellectual Property Office (SIPO) handled 1102,000 patent applications for the year, up 18.7 percent year on year, ranking the first in the world for five consecutive years, according to the data released by the State Intellectual Property Office in 2015. If only from the number of patent applications, the Chinese enterprise's innovation capacity seems to be ranked "the world's first", but from the quality of patent applications, the fact is not the case, whether in consumer goods or high-tech products , Chinese enterprises, innovation and supply capacity and international counterparts are still compared to a certain gap. The innovation capacity of Chinese enterprises is not directly proportional to the number of patent applications that continue to grow.
However, the rule of law Blue Book disclosure, companies apply for a large number of patents and not really used to improve product quality. According to the provisions of the Chinese Patent Law, China's invention patent protection period of 20 years, utility model and design patent protection period of 10 years. However, in the vast majority of cases, the patentee will give up the patent halfway. "China's annual patent annual report in 2014," shows that the average duration of domestic invention patents for 3.8 years, utility model patents for 3.5 years, design patents for 3.2 years; and really achieve the longest maintenance of the invention only 0.02%, utility model Only 1.1%, only 0.5% of the design. The above data show that the vast majority of Chinese patent applications are not really put into use.
In addition, the patent licensing implementation rate can also reflect the actual use of patents. From 2012 to 2014, the country granted 2787,707 domestic patents, signed a patent license contract is only 56067, accounting for only 2% of the authorized patent ratio. The data also reflects that the vast majority of patents are not really put into use.
Therefore, the enterprise application for patent and enterprise product supply ability can not directly draw the equal sign. In fact, the existing system in the evaluation of government or enterprise science and technology innovation ability is still an important indicator of patent, such as: enterprises to enjoy a lot of preferential welfare policy requires patents; enterprises to reduce taxes, apply for high-tech enterprise certification requires a patent index requirements; Local and unit of the introduction of talent, talent assessment also need patents. Obviously, the patent application can meet a wide range of interests. In addition, many places in order to create a large number of patent applications, through the so-called incentives for enterprises to apply for patents issued bonuses, more lead to the proliferation of patent applications.
Seven adults believe that the level of protection of intellectual property need to be strengthened
According to the rule of law blue book, "China's intellectual property protection level evaluation" as the title, the 8938 people were investigated, on the whole, 67% of the respondents believe that China's intellectual property protection level needs to be gradually strengthened, and even 24.4% Investigators believe that the need for substantial strengthening, only 7.2% of the respondents believe that more appropriate. From the survey results is not difficult to see that the level of China's intellectual property protection to be further improved.
In fact, what kind of choice is made by the enterprise - is committed to their own innovation or imitation and plagiarism - to a large extent depends on the analysis of costs and benefits.
For a long time, China's intellectual property protection level is too low, resulting in many enterprises in the product supply process is not willing to innovate, more willing to imitate and plagiarism. In the patent infringement case damages litigation, 97.25% of the cases apply "statutory compensation" standard, the average amount of compensation is only 79,600 yuan. In contrast, the United States in 2007 - 2012, the average amount of patent litigation as high as 29.4 million yuan. In the case of trademark infringement, the court awarded an average amount of 6.2 million yuan, which is long-term trademark operators to maintain the brand spent the same great effort is not proportional. The amount of compensation for intellectual property infringement is too low to contribute to the formation of this situation: innovators in the pursuit of product quality, the need to spend a lot of money, effort to make a difference, infringers only need to pay a lower cost can "plagiarism" Therefore, in China, the supply of various types of products in the imitation of heavy marks, lack of innovation, the high number of intellectual property disputes.
It is recommended that a comprehensive system of punitive damages be introduced Supply side reform and intellectual property are inseparable, improve the intellectual property system, in order to achieve the real meaning of the supply side of the reform. Based on the above-mentioned problems of the above-mentioned intellectual property system, the Blue Book proposes to improve the evaluation system of intellectual property rights and realize the transformation of the supply side from heavy quantity to heavy quality. In the process of adjusting the patent quality evaluation system, the index of the original patent should be adjusted to the actual contribution value of the patent to enhance the supply of the product. Whether it is related to high-tech enterprises that, or is related to high-tech enterprise tax relief, or patent application fee waiver, and enterprise inventions related incentives, it is necessary to cancel the original provisions on the patent quantification, and whether the actual use of patents , The use of results, the actual contribution to the product supply value as an evaluation index. In a series of documents requiring the submission of the enterprise, in addition to the patent certificate is necessary to submit a patent for the supply of products to play a practical role in the supporting documents. The Blue Book also suggests increasing the cost of intellectual property infringement and enabling the supply side to transition from imitation to innovation. Although the patent law in 2008 revised the statutory compensation limit from 500,000 yuan to 100 million, but the existing compensation system for intellectual property infringement still do not have enough deterrence, innovation is difficult to play an effective protection.
Therefore, it is necessary to introduce a comprehensive system of "punitive damages" in intellectual property law. At the same time, reduce the cost of intellectual property protection for the supply side to continue to provide legal protection. It is necessary to make a clear specification of the patent application period in order to give the applicant a clear expectation and reduce the costs and risks associated with the expected uncertainty. Compared with other types, the invention patent for the substantive review, the most complex process. It is necessary for the patent law to specify the deadline for the substantive examination and the deadline for the review of the results, and if it involves the submission of material for correction, it is also necessary to specify the time for correction. At the same time, for the utility model and design patent review results to make a clear specification. In this way, enterprises in the process of technological upgrading and transformation of the future risks will have a relatively clear expectations and assessment, to minimize the costs of intellectual property applications and risks.
Cemented carbide products manufacturers to apply for the number of patents is also increasing year by year, but often the actual utilization rate is less than 10% of the total application.
R & D investment of more than 5 million enterprises accounted for only 4.1%
According to the Blue Book of the rule of law, through the survey of the average investment of more than 7,000 enterprises, it is found that the total investment of R & D funds is less than 100 million yuan (67%), accounting for only 4.1% of the enterprises invested more than 5 million yuan. The enterprise's patent research and development cycle survey found that enterprise research and development cycle of 1 year and below accounted for 23.2%, 1 year to 2 years accounted for 44.1%, totaling 67.3%; and really willing to over 3 years of long-term research and development accounted for 6.2 %. This shows that the vast majority of enterprises do not want to spend too long to engage in research and development activities.
Blue Book pointed out that technological innovation determines the core competitiveness of enterprises, technological innovation, although the need for capital investment, but also a huge return, companies do not want to invest more money in the field of technological innovation is the need to reflect and improve the problem. At the same time, a country or enterprise's technological innovation ability to a certain extent, determines the product supply capacity, China's ongoing supply side of the structural reform, it is precisely to find ways to further enhance the core technology capabilities of Chinese enterprises, and enhance Its brand credibility degree. Therefore, to further improve the intellectual property protection system, help supply side reform has become an important task in the moment.
The number of patent applications is not high
According to the data released by the State Intellectual Property Office in 2015, the China Intellectual Property Office (SIPO) handled 1102,000 patent applications for the year, up 18.7 percent year on year, ranking the first in the world for five consecutive years, according to the data released by the State Intellectual Property Office in 2015. If only from the number of patent applications, the Chinese enterprise's innovation capacity seems to be ranked "the world's first", but from the quality of patent applications, the fact is not the case, whether in consumer goods or high-tech products , Chinese enterprises, innovation and supply capacity and international counterparts are still compared to a certain gap. The innovation capacity of Chinese enterprises is not directly proportional to the number of patent applications that continue to grow.
However, the rule of law Blue Book disclosure, companies apply for a large number of patents and not really used to improve product quality. According to the provisions of the Chinese Patent Law, China's invention patent protection period of 20 years, utility model and design patent protection period of 10 years. However, in the vast majority of cases, the patentee will give up the patent halfway. "China's annual patent annual report in 2014," shows that the average duration of domestic invention patents for 3.8 years, utility model patents for 3.5 years, design patents for 3.2 years; and really achieve the longest maintenance of the invention only 0.02%, utility model Only 1.1%, only 0.5% of the design. The above data show that the vast majority of Chinese patent applications are not really put into use.
In addition, the patent licensing implementation rate can also reflect the actual use of patents. From 2012 to 2014, the country granted 2787,707 domestic patents, signed a patent license contract is only 56067, accounting for only 2% of the authorized patent ratio. The data also reflects that the vast majority of patents are not really put into use.
Therefore, the enterprise application for patent and enterprise product supply ability can not directly draw the equal sign. In fact, the existing system in the evaluation of government or enterprise science and technology innovation ability is still an important indicator of patent, such as: enterprises to enjoy a lot of preferential welfare policy requires patents; enterprises to reduce taxes, apply for high-tech enterprise certification requires a patent index requirements; Local and unit of the introduction of talent, talent assessment also need patents. Obviously, the patent application can meet a wide range of interests. In addition, many places in order to create a large number of patent applications, through the so-called incentives for enterprises to apply for patents issued bonuses, more lead to the proliferation of patent applications.
Seven adults believe that the level of protection of intellectual property need to be strengthened
According to the rule of law blue book, "China's intellectual property protection level evaluation" as the title, the 8938 people were investigated, on the whole, 67% of the respondents believe that China's intellectual property protection level needs to be gradually strengthened, and even 24.4% Investigators believe that the need for substantial strengthening, only 7.2% of the respondents believe that more appropriate. From the survey results is not difficult to see that the level of China's intellectual property protection to be further improved.
In fact, what kind of choice is made by the enterprise - is committed to their own innovation or imitation and plagiarism - to a large extent depends on the analysis of costs and benefits.
For a long time, China's intellectual property protection level is too low, resulting in many enterprises in the product supply process is not willing to innovate, more willing to imitate and plagiarism. In the patent infringement case damages litigation, 97.25% of the cases apply "statutory compensation" standard, the average amount of compensation is only 79,600 yuan. In contrast, the United States in 2007 - 2012, the average amount of patent litigation as high as 29.4 million yuan. In the case of trademark infringement, the court awarded an average amount of 6.2 million yuan, which is long-term trademark operators to maintain the brand spent the same great effort is not proportional. The amount of compensation for intellectual property infringement is too low to contribute to the formation of this situation: innovators in the pursuit of product quality, the need to spend a lot of money, effort to make a difference, infringers only need to pay a lower cost can "plagiarism" Therefore, in China, the supply of various types of products in the imitation of heavy marks, lack of innovation, the high number of intellectual property disputes.
It is recommended that a comprehensive system of punitive damages be introduced Supply side reform and intellectual property are inseparable, improve the intellectual property system, in order to achieve the real meaning of the supply side of the reform. Based on the above-mentioned problems of the above-mentioned intellectual property system, the Blue Book proposes to improve the evaluation system of intellectual property rights and realize the transformation of the supply side from heavy quantity to heavy quality. In the process of adjusting the patent quality evaluation system, the index of the original patent should be adjusted to the actual contribution value of the patent to enhance the supply of the product. Whether it is related to high-tech enterprises that, or is related to high-tech enterprise tax relief, or patent application fee waiver, and enterprise inventions related incentives, it is necessary to cancel the original provisions on the patent quantification, and whether the actual use of patents , The use of results, the actual contribution to the product supply value as an evaluation index. In a series of documents requiring the submission of the enterprise, in addition to the patent certificate is necessary to submit a patent for the supply of products to play a practical role in the supporting documents. The Blue Book also suggests increasing the cost of intellectual property infringement and enabling the supply side to transition from imitation to innovation. Although the patent law in 2008 revised the statutory compensation limit from 500,000 yuan to 100 million, but the existing compensation system for intellectual property infringement still do not have enough deterrence, innovation is difficult to play an effective protection.
Therefore, it is necessary to introduce a comprehensive system of "punitive damages" in intellectual property law. At the same time, reduce the cost of intellectual property protection for the supply side to continue to provide legal protection. It is necessary to make a clear specification of the patent application period in order to give the applicant a clear expectation and reduce the costs and risks associated with the expected uncertainty. Compared with other types, the invention patent for the substantive review, the most complex process. It is necessary for the patent law to specify the deadline for the substantive examination and the deadline for the review of the results, and if it involves the submission of material for correction, it is also necessary to specify the time for correction. At the same time, for the utility model and design patent review results to make a clear specification. In this way, enterprises in the process of technological upgrading and transformation of the future risks will have a relatively clear expectations and assessment, to minimize the costs of intellectual property applications and risks.
No comments:
Post a Comment