How to build a strong intellectual property country

Protecting intellectual property rights means protecting innovation. A few days ago, the State Council, the central government of China, issued the Outline of Building a Powerful Country with Intellectual Property Rights (202 1-2035) (hereinafter referred to as the Outline). On September 30th, the State Council Press Office held a press conference to introduce the situation of struggling to start a new journey of building a strong intellectual property country.

The intellectual property management process of major projects will be improved.

The "Outline" proposes to improve the efficient and smooth operation mechanism of intellectual property rights and fully realize its value. In this regard, Huang Shengbiao, director of the Division of Transformation of Scientific and Technological Achievements and Regional Innovation of the Ministry of Science and Technology, said that scientific and technological innovation is an important source of intellectual property rights. In recent years, in accordance with the decision-making arrangements of the CPC Central Committee and the State Council, the Ministry of Science and Technology, together with relevant departments, has taken supporting the creation and application of intellectual property rights as an important task to promote the transformation of scientific and technological achievements. In 2020, the national technology market signed 549,000 technology contracts, with a turnover of 2.8 trillion yuan, including 6,543.8+0.86 million technology contracts involving intellectual property rights, with a turnover of 654.38+0. 1 trillion yuan, accounting for 39.8% of the total turnover of national technology contracts.

Huang Shengbiao specifically introduced: First, vigorously support the creation of high-quality intellectual property rights from the supply side of scientific and technological innovation: put forward clear intellectual property requirements for scientific and technological activities in topics selection, research and development, and evaluation; Establish a list system of intellectual property rights in scientific research activities, integrate intellectual property rights into the transformation of scientific and technological achievements and scientific and technological innovation and entrepreneurship activities, and promote the integration of innovation chain and the industrial chain.

Second, new breakthroughs have been made in the reform of ownership, use right and income right of achievements transformation. The Ministry of Science and Technology, together with the Intellectual Property Office and other eight departments, jointly carried out 40 pilot projects to give scientific researchers the ownership or right to use scientific and technological achievements, which stimulated the enthusiasm of scientific researchers for innovation and transformation and further improved the policy environment for the transformation of achievements.

Third, speed up the construction of the national technology transfer system and improve the service capacity of intellectual property rights and scientific and technological achievements transformation. At present, there are more than 40 national or regional technology trading markets, more than 400 professional and regional national technology transfer demonstration institutions and 36 national technology transfer talent training bases, basically forming a technology transfer service network covering above the county level.

Fourth, facing application scenarios, support the transformation of advanced technological achievements with intellectual property rights. Among them, the Ministry of Science and Technology and the Ministry of Finance jointly implemented the transformation action of 100 cities and 100 parks, and carried out targeted demonstration and promotion for application scenarios such as prevention and control of grassroots epidemic situation, resumption of work, and stable employment. At the same time, vigorously promote the innovation of scientific and technological achievements transformation mechanism, jointly implement the national scientific and technological achievements transformation guidance fund with the Ministry of Finance, and jointly set up special bonds for major scientific and technological achievements industrialization projects with CDB to guide more resources to support intellectual property rights and scientific and technological achievements transformation.

Huang Shengbiao said that during the Tenth Five-Year Plan period, according to the Outline of Building a Powerful Country with Intellectual Property Rights (202 1-2035), the Ministry of Science and Technology will strengthen cooperation with relevant departments and actively promote the transformation of intellectual property rights and scientific and technological achievements, with two key points: First, focus on promoting the creation and transformation of high-quality intellectual property rights. Improve the intellectual property management process of major projects, increase the weight of performance evaluation of high-quality patent transformation, support the transformation of national defense scientific and technological achievements that do not involve secrets, and take the contract amount of technology transactions as the main evaluation index.

Second, strive to promote the transformation of market-oriented scientific and technological achievements. Efforts will be made to promote the development of the technology factor market, strengthen the construction of scientific and technological achievements transfer service network, improve the technology trading and supervision system, promote the interconnection of regional technology trading markets in an orderly manner, and support the construction of intellectual property rights and scientific and technological achievements trading centers.

Strengthen the protection of intellectual property rights in the Internet and new fields such as big data, artificial intelligence and genetic technology.

Intellectual property trial is an important part of intellectual property protection system. How does judicial trial serve the construction of a strong intellectual property country?

"The Outline clearly puts forward that it is necessary to improve the judicial protection system of intellectual property rights that is fair and efficient, scientific in jurisdiction, clear in rights and complete in system, which puts forward new and higher requirements for intellectual property trial work." Lin Guanghai, president of the Third Court of the Supreme People's Court Civil Trial, said.

He said that the Supreme People's Court will issue relevant opinions on serving the construction of an intellectual property power, and put forward a series of targeted policies and measures to strengthen intellectual property trials in the new period, so as to provide effective judicial services and guarantees for the construction of an intellectual property power.

First, fair, efficient and strict protection of intellectual property rights according to law. Firmly establish the concept that protecting intellectual property rights means protecting innovation, equally protect the legitimate rights and interests of Chinese and foreign market players according to law, and create an open, fair, just and non-discriminatory environment for scientific and technological development. Strictly protect all kinds of intellectual property rights according to law, try technical cases such as patents according to law, and strengthen the protection of scientific and technological innovation. Strengthen intellectual property protection in key areas such as agriculture and traditional Chinese medicine, strengthen intellectual property protection in new areas such as the Internet and big data, artificial intelligence and genetic technology, and actively respond to the judicial needs of intellectual property protection in new technologies, new industries, new formats and new models. Strengthen anti-monopoly and anti-unfair competition justice, issue typical cases, and timely issue relevant judicial interpretations to safeguard the market rule of law environment for fair competition among large, medium and small enterprises. Strengthen the protection of the legitimate rights and interests of scientific and technological innovation subjects, protect the rights of scientific researchers to decide their own technical routes, control funds and allocate resources according to law, and stimulate innovation and creativity.

The second is to improve the overall effectiveness of intellectual property protection. Apply punitive damages according to law, increase compensation and punishment for intellectual property infringement, and deter infringement in a timely and effective manner. Improve the criminal judicial interpretation of intellectual property rights and punish crimes of infringing intellectual property rights according to law. Strengthen the regulation of intellectual property rights false litigation and malicious litigation, prevent the abuse of intellectual property rights, and promote the construction of the integrity system of intellectual property litigation. We will improve the diversified dispute resolution mechanism for intellectual property rights, and actively explore the system of judicial confirmation of administrative mediation agreements for intellectual property rights disputes according to the application of the parties. Actively participate in the construction project of intellectual property protection system, improve the connection mechanism between administrative protection and judicial protection of intellectual property rights, and promote the construction of a large-scale protection work pattern.

The third is to deepen the reform and innovation in the field of intellectual property trials. Strengthen the construction of high-level intellectual property trial institutions, promote and improve the appeal trial mechanism of intellectual property cases at the national level, and further promote the reform of the "trinity" trial mechanism of intellectual property civil, criminal and administrative cases. Study and formulate litigation norms that conform to the laws of intellectual property trials, and improve the litigation evidence system that conforms to the characteristics of intellectual property cases. Improve the training, selection and exchange mechanism of intellectual property judges, and strengthen the professional training and professional selection of intellectual property judges. Strengthen the construction of "smart courts" and improve the informationization and modernization level of intellectual property trials.

We will launch a special campaign to protect the intellectual property rights of the Olympic symbols of the Beijing 2022 Winter Olympics and Paralympic Winter Games.

In view of the phenomenon that Olympic champion names such as "Hong Quan Chen" are registered by registered trademarks, Shen Changyu, director of China National Intellectual Property Administration, said that China National Intellectual Property Administration resolutely opposed this kind of behavior and cracked it down in time. 109 in August, the bureau issued a notice, which quickly rejected109 malicious registered trademarks of Yang Qian, Chen Meng, Quan Hongchan, etc. according to the relevant provisions of the Trademark Law, and exposed the names of applicants and agencies, creating a high-pressure situation in the whole society to severely crack down on malicious registered trademarks, which was widely recognized by the public.

"At present, relevant local intellectual property management departments have interviewed relevant institutions and imposed administrative penalties. In the future, China National Intellectual Property Administration will continue to maintain a high pressure on malicious cybersquatting and hoarding of trademarks. " Shen Changyu said.

Shen Changyu also stressed that China National Intellectual Property Administration has always attached great importance to the protection of intellectual property rights in the 2022 Winter Olympics. Since the successful bid for the Winter Olympics, we have done a lot of work with relevant departments, including promoting the revision of the Regulations on the Protection of Olympic Symbols, providing three-dimensional protection for intellectual property rights such as patents and trademarks, and providing special protection for Olympic symbols such as emblems and mascots of the Winter Olympics and Paralympics. At the same time, guiding Beijing and Hebei Province to carry out cross-regional and cross-departmental protection of intellectual property rights in the Winter Olympics has also achieved good results.

Shen Changyu said that China National Intellectual Property Administration will unite with relevant departments to organize nationwide special actions to protect the intellectual property rights of Olympic symbols of the Beijing 2022 Winter Olympics and Paralympic Winter Games, and intensify the crackdown on infringement.