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Problems and Countermeasures of Intellectual Property Protection in China's International Trade

In the process of economic globalization, intellectual property protection has become one of the most important issues in international trade. The proportion of intellectual property trade in international trade is increasing day by day, and its role is more significant. With China's entry into WTO, it is of great practical significance to attach importance to and strengthen China's intellectual property protection and cultivate people's awareness of intellectual property rights for the healthy, stable and sustainable development of China's international trade. Starting with the relationship between intellectual property theory and international trade, this paper analyzes the present situation and existing problems of intellectual property in China, and puts forward the countermeasures for intellectual property protection from the strategic height of the state and enterprises.

[Keywords:] intellectual property protection strategy

Intellectual property mainly refers to the exclusive rights enjoyed by individuals and their organizations in terms of intellectual achievements created and completed in mental work according to law. It has the characteristics of invisibility, duality, certainty and exclusiveness. According to the relevant laws and regulations of China's intellectual property law, the intellectual property rights enjoyed by citizens and legal persons include copyright, patent right, trademark exclusive right, discovery right, invention right and other scientific and technological achievements right. In today's knowledge economy society, intellectual property protection is very important. It not only encourages the invention and innovation of knowledge, but also introduces advanced technology and capital, accelerates the allocation of technological innovation resources and promotes the commercialization and industrialization of new technologies. Starting with the relationship between intellectual property theory and international trade, this paper analyzes the present situation and existing problems of intellectual property in China, and puts forward the countermeasures for intellectual property protection from the strategic height of the state and enterprises.

First, the relationship between intellectual property protection and international trade.

Intellectual property protection is a reflection of international and international economic relations based on knowledge and an inevitable product of the development of new economy. According to Marx's theory of surplus value, only the production of material materials can produce surplus value, while intellectual property, as an intangible economy, does not produce surplus value itself, and only by participating in the division of value in material production departments can it produce value. In the process of international trade, some developed capitalist countries have depressed the prices of products in the material sector and raised the prices of non-material economic sectors related to knowledge, thus gaining a more favorable position in international trade. With the continuous development of international trade, intellectual property plays an increasingly important role in international trade, and its importance can be seen from the comparison between international intellectual property and trade in goods and services. 1994 During the Uruguay Round of GATT negotiations, the Agreement on Trade-related Intellectual Property Rights (TRIPS) was formed. 1995 WTO was established and the TRIPS agreement came into effect at the same time. China joined the WTO on 200 1, and the TRIPS agreement has certainly become an important criterion for intellectual property protection in China. Intellectual property protection will have an important impact on international trade.

1. Paying attention to intellectual property protection is beneficial to the healthy development of China's foreign trade.

As we all know, foreign trade is the engine of economic growth. With the development of international trade, the knowledge content and technology content of goods and services are getting higher and higher, among which goods involving intellectual property rights account for a large proportion, and this proportion is still rising. Since the reform and opening up, China has been able to successfully introduce a large amount of foreign capital and foreign advanced technology, largely relying on the establishment and implementation of China's intellectual property system, which has laid a basic guarantee system for normal international trade and investment activities. Only in a good intellectual property protection environment can international trade and investment develop effectively.

2. Adverse effects of intellectual property protection on developing countries

In Vernon's product life cycle theory, generally speaking, a country's industry will go through the following four stages: the first stage, creating new products and entering the domestic market; In the second stage, the domestic market is saturated and exported to foreign markets; The third stage, foreign investment, providing products to foreign markets; The fourth stage is foreign production and export to the domestic market. From the perspective of developed countries, when they are in the second and third stages of the product cycle, they will strongly support free trade; In the fourth stage, when the products in the domestic market were replaced by imported products, the market position of the products in this country began to decline and the market share was challenged. At this time, we will turn to intellectual property protection, try our best to link the trade policy with intellectual property protection, and implement strict intellectual property protection through compulsory measures in order to slow down the pace of product cycle as much as possible. This is undoubtedly unfair to developing countries with relatively backward technology. In this way, the protection of intellectual property rights has undoubtedly widened the gap between developed and developing countries, and the gap between the rich and the poor has become more serious.

Second, the current problems faced by intellectual property protection in China's international trade

China is the largest developing country in the world. With the world entering the era of economic globalization and China's accession to the WTO, the China government has established and formulated the relevant legal system of intellectual property protection, which has made universally recognized achievements. However, our society is still in the primary stage, and the market economy system needs to be improved. In international trade, there are still some problems to be solved urgently in China's intellectual property protection.

1. The awareness of intellectual property protection is relatively weak.

The awareness of intellectual property protection in enterprises is weak. Chinese enterprises obtain tens of thousands of major scientific and technological achievements at or above the provincial level every year, but the number of patent applications is insufficient 10%. Enterprises pay more attention to the protection of tangible assets, but ignore the protection of intangible assets, resulting in a lot of intellectual property rights being "squatted" every year in China. Therefore, strengthening the awareness of intellectual property protection has become the consensus of entrepreneurs, and strengthening the legal protection of intellectual property rights of enterprises has also become the "power" and "watershed" of enterprise development. At present, China lacks an effective intellectual property protection mechanism, which involves many aspects, including legal, political, economic, cultural and other fields. For example, the leakage of trade secrets of Shanxi mature vinegar occurred; Cloisonne, rice paper and other national stunts were leaked, and a large number of well-known trademarks in China were registered abroad. Therefore, while vigorously protecting foreign well-known trademarks, we should strengthen the support and protection of domestic well-known trademarks.

2. Lack of intellectual property talents

Most domestic enterprises have not yet established intellectual property management departments, and there are no personnel specifically responsible for intellectual property work. There are not many talents who really know and understand intellectual property knowledge. If enterprises are involved in intellectual property disputes, they are either in an extremely passive position or pay high fees to hire outsiders to respond. Some highly professional jobs include patent application, trademark registration, property right negotiation, analysis, etc., but due to the lack of professional talents, no one is competent.

3. Laws related to intellectual property protection need to be improved.

There are many differences and even many gaps between some laws in China and TRIPS-related laws. Intellectual property is a legal monopoly right endowed by law. Some multinational companies try to achieve their monopoly position by illegally restricting and excluding intellectual property competition. Many developed countries have enacted anti-monopoly laws to limit the illegal monopoly behavior of abusing intellectual property rights, but China has not yet enacted anti-monopoly laws, and there are no operational anti-monopoly clauses in intellectual property protection laws. In this way, enterprises in China may encounter an unfavorable passive state when they encounter intellectual property disputes, so they are helpless about the monopolistic behavior of other enterprises in the domestic market, and they are subject to strict anti-monopoly law control in foreign markets, which makes them fall into an embarrassing situation.

Third, China's measures to strengthen intellectual property protection

In the process of international trade, all countries attach great importance to the protection of intellectual property rights and have formulated effective legal protection systems to protect their own economic interests. For our country, intellectual property protection is a systematic project, involving a wide range. Although our government has also formulated relevant legal systems in this respect, it still needs a process to really attach importance to intellectual property issues from the national consciousness. At present, we should do the following work:

1. Implement the national intellectual property protection strategy.

(1) Policy inclination and financial support. The policy should shift from general support to key support for patent projects, especially those high-tech patent projects, and build a high-tech national industrial group with independent intellectual property rights in China. At the same time, effective measures should be taken to ensure the fulfillment of various rewards and remuneration in the patent system and reward some major inventions and patented technologies. In terms of funds, facing the new situation after China's entry into WTO, governments at all levels should establish patent funds, with finance and enterprises as the main body, broaden the sources of funds and raise funds through multiple channels and forms. Focus on supporting those patented technologies with broad market prospects, high technology content and high added value, such as torch plan, spark plan, high-tech industrialization, technological transformation projects, new product development projects and other scientific and technological economic planning projects.

(2) Strengthen legislation and improve laws. The formulation of intellectual property laws and regulations should aim at encouraging innovation and optimizing the environment, and further form an intellectual property laws and regulations system that conforms to international standards and China's national conditions. We will promptly revise and improve the Patent Law, Trademark Law and Copyright Law, as well as legislation on copyright protection measures for folk literary and artistic works, protection of genetic resources and traditional knowledge. At the same time, further improve the administrative law enforcement procedures and solve intellectual property disputes fairly and efficiently according to law. Actively play the role of inter-departmental law enforcement cooperation mechanism and regional cooperation law enforcement mechanism to combat and prevent group infringement and repeated infringement. Consolidate the joint supervision system for major intellectual property cases and the communication and dialogue mechanism with foreign governments and international organizations. Strengthen the protection of intellectual property rights in various exhibitions such as the Olympic Games and the World Expo. Improve the intellectual property protection level of agricultural technology, farm tools, pesticides and fertilizers in China and promote the construction of new socialist countryside. Strengthen the judicial protection of intellectual property rights, conscientiously implement the judicial interpretation of intellectual property rights, and investigate the criminal responsibility of crimes against intellectual property rights according to law.

(3) Pay attention to talents and cultivate talents. Science and technology are people-oriented, and talents are the first resource of the country. The competition between countries is actually the competition for talents. Whoever has more talents will gain an advantage in the competition and win. In recent years, multinational companies have increased their competition for local talents in China. If China enterprises do not attach importance to talents, they will lose the power source for future development. At the same time, enterprises should also speed up the deepening of their own talent system and structural changes, and cultivate their own talent team. It is necessary to carry out multi-channel and multi-level talent team training, especially to strengthen the training of high-level talents in intellectual property work, comprehensively improve the level of intellectual property work, and build a large-scale intellectual property team including all kinds of professionals and management talents. Continue to strengthen the publicity and training of intellectual property rights for government leaders at all levels and responsible persons of enterprises and institutions.

(4) Highlight characteristics and learn from experience. Developing economy has its own characteristics, so should protecting intellectual property rights. It is necessary to have the strategic focus and direction of intellectual property protection in line with national and regional characteristics. In recent years, the United States has made combating piracy the focus of intellectual property protection, among which media piracy is the most important. At the same time, they have improved American intellectual property laws and regulations in accordance with modern standards, especially the means of criminal punishment, including amending and updating the bilateral mutual legal assistance and extradition treaties signed by the United States, so that pirates and counterfeiters can be punished by law in the United States.

China should also pay attention to seek joint protection of traditional knowledge resources. When developed countries have basically completed the "enclosure movement" of global modern industrial intellectual property rights, our "traditional knowledge" has become the new goal of enclosure movement in the new century. China should actively use the existing legal mechanism of intellectual property rights to protect traditional knowledge resources, and at the same time actively seek the protection of international joint groups.

2. Implement the enterprise intellectual property protection strategy.

(1) Establish a brand and enhance its popularity. In the era of knowledge economy, the brand name is more and more based on the high knowledge content of its products. Enterprises should maintain the advantage of knowledge content in order to seek competitive advantage. Only by mastering excellent intellectual property rights can we launch well-known national brands in the market and occupy a place in the international market. With a well-known national brand, it is necessary to establish a sense of brand protection, understand the brand strategy used by multinational groups in China, and promote the intellectual property strategy with brand internationalization. We should not only make full use of domestic resources and markets, but also make full use of foreign resources and markets for transnational operations, so that our brand can develop into a global brand. Because some enterprises in China did not have the awareness of trademark protection in their early years, a large number of well-known domestic trademarks were registered abroad, such as "Tongrentang" and "Tsingtao Beer", which made the development of these enterprises encounter many obstacles abroad. So we should learn these lessons and always pay attention to protecting our well-known trademarks. Otherwise, it is tantamount to stifling the development of enterprises abroad.

(2) Strengthen application and promote protection. According to reports, since China's entry into WTO, the economic compensation caused by intellectual property disputes of enterprises in China has exceeded 654.38 billion US dollars. Therefore, we should implement the patent protection strategy in a multi-angle and three-dimensional way. As a magic weapon for enterprise development, implementing patent protection strategy is an urgent task for enterprises in China.

First, set up a special intellectual property organization, set up a patent information center to collect information and build an intellectual property protection network. Through the patent information center, the patents related to the products of this enterprise are classified and managed. According to the statistics of the World Intellectual Property Organization (WIPO), more than 90% of new technological inventions are retrieved from patent documents every year. Therefore, we can constantly update our patent database, investigate similar technologies by professionals and conduct infringement analysis on related contents, so that R&D personnel of enterprises can understand the technological development trend of the industry, provide directions for innovative projects, and maintain the legitimacy of research and development without infringement.

Second, improve the patent application rate and establish a patent network strategy. Each innovative scheme applies for a patent, and a large number of different rights with basically the same principle are set around the basic patent. Technological development is a process of continuous upgrading. Therefore, when an enterprise has its own independent patent right, it should continuously improve the original technology to obtain the network patent protection scope.

(3) Strengthen innovation and improve efficiency. To implement the enterprise intellectual property strategy, we must speed up the establishment of enterprise technological innovation system, increase the output of intellectual property rights, and form the main position of enterprises in technological innovation and scientific and technological investment. First, establish the concept of intellectual property rights in the process of enterprise technological innovation, make full use of intellectual property documents, and attach importance to the discovery, declaration and formation of intellectual property rights; The second is to strengthen the construction of enterprise technology center, so that the technology center can become a carrier for the development of new products and technologies and the implementation of intellectual property strategy, and a platform for attracting and condensing scientific and technological talents, mobilizing and exerting their enthusiasm and creativity; Third, according to the principle of "sharing interests and risks", we should strengthen cooperation between Industry-University-Research, jointly develop new products and technologies, establish research institutes and laboratories, and jointly cultivate technical talents.

References:

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