Xu Aiguo, a well-known domestic expert in Anglo-American law and a professor in Peking University, pointed out that for many years, the main targets of the "337 Survey" were emerging countries with rapid economic growth. In 1970s and 1980s, both Japan and Taiwan Province Province of China became the main targets of "337 investigation" because of their serious trade deficits with the United States. However, Japanese and Taiwan Province enterprises have gradually strengthened their overseas applications for intellectual property rights, and gradually understood the rules of intellectual property protection in the United States. Instead, they have become active defenders of their intellectual property rights in the United States. Professor Xu believes that on the basis of respecting other people's intellectual property rights, it is the "only correct way" for China compatible consumables enterprises to overcome intellectual property disputes such as the "337 investigation".
At the "Global Intellectual Property and Innovation Forum" held not long ago, Zhao Zhenge, deputy director of the International Department of the China Council for the Promotion of International Trade, revealed to the media that since China joined the WTO, the amount of compensation paid by China enterprises for intellectual property disputes has exceeded 6,543.8 billion US dollars. Du Fu, US Deputy Secretary of Commerce and Director of the Patent and Trademark Office, announced that after sending an intellectual property commissioner to Beijing, the United States will send another intellectual property commissioner to Guangzhou this year to promote intellectual property protection in China. Recently, at a public meeting, Lou Qinqin, Vice Minister of the Ministry of Information Industry, also commented on the detention of Huaqi and other enterprises participating in German exhibitions, calling on China enterprises to learn to make good use of international rules and strengthen their awareness of respecting intellectual property rights. The reality shows that while the US government is further strengthening the protection of intellectual property rights, the China government and the industry are gradually realizing that only by strengthening the innovation ability and abiding by the international "rules of the game" to protect intellectual property rights can we truly gain strength in international intellectual property disputes such as the "337 investigation".
On March 10, Zhao Wen, member of Chinese People's Political Consultative Conference and vice mayor of Shanghai, emphasized these two concepts in an interview with China Intellectual Property News.
At this year's National People's Congress, Zhao Wen submitted a number of proposals related to intellectual property work, such as "Suggestions on Education and Knowledge Training for Cadres on Intellectual Property Situation" and "Suggestions on Accelerating the Establishment of Intellectual Property Review Mechanism for Major Economic Activities in China". As the city leader in charge of intellectual property work in Shanghai, Zhao Wen has witnessed the rapid development of intellectual property rights in Shanghai in recent years, but he is also particularly concerned about the situation that some regions or enterprises in China are caught in "patent trap" and infringement lawsuits due to the lack of effective early warning and countermeasures.
"It is urgent to improve cadres' understanding of the international intellectual property competition situation, establish competition concepts, raise risk awareness, establish an intellectual property review mechanism for major economic activities as soon as possible, and promote strategic transformation and scientific development." Inside and outside the venue of this year's National People's Congress, Zhao Wen has been beating drums and shouting for this.
Team training:
Enhance cadres' awareness of intellectual property rights
When talking about the problems existing in the process of innovation-driven and transformational development in China, Zhao Wen said with concern that some cadres in the fields of economy and science and technology have insufficient understanding of the intellectual property situation and need to be solved urgently. "In major foreign-related projects, the awareness of technical competition is weak, and they are not good at optimizing innovative ideas by using technical competition information such as open patent documents. These phenomena still occur from time to time in some parts of China. " Zhao Wen said.
After careful investigation and combined with the experience accumulated in daily work, Zhao Wen put forward specific measures for "starting classes" for cadres: "When formulating intellectual property training plans, we should establish a cadre intellectual property training mechanism with China National Intellectual Property Administration and other departments as the main body, covering middle-level and above cadres in the economic field, science and education field, scientific and technological workers and leading cadres in enterprises." At the same time, Zhao Wen also suggested to build an educational network based on administrative colleges at all levels and with the rule of law propaganda as the main line; Compile educational plans and teaching materials around the international intellectual property competition situation, potential risks and attack and defense strategies; Establish a team of teachers with members of intellectual property expert advisory committees at all levels of government as the main body; Establish a normalized education mechanism that combines situation education, professional knowledge and rule of law education, short-term training courses, special classes and other forms.
"On the other hand, the source of cadres mainly comes from colleges and universities. To improve the intellectual property competition awareness of cadres from the source, we must improve the intellectual property education system. " Zhao Wen said that qualified universities in China can open intellectual property colleges and change intellectual property courses into compulsory courses for science and engineering, so as to improve the ability of high-quality talents to identify and deal with potential intellectual property risks from their student days. It is understood that at present, Tongji University, Shanghai University, East China University of Political Science and Law and other universities in Shanghai have set up specialized intellectual property colleges.
Mechanism construction:
Review the intellectual property risks of the project
"In the context of intensified competition in intellectual property rights, innovation-driven and transformational development are facing huge obstacles from international intellectual property barriers. If this obstacle cannot be effectively dealt with, the resulting double pressure of blocked economic development and employment will directly threaten the national economic and social security. "
In Zhao Wen's view, with the further acceleration of China's development in high-tech fields, especially in strategic emerging industries, the avoidance of intellectual property risks in major economic and technological activities has risen to a height directly related to the national economic and social development and security.
In recent years, Zhao Wen often saw in the media cases that some local governments or enterprises ignored the patent strategy adopted by the other side around the core patents during the process of introduction, absorption and re-innovation, which led to the hollowing out of core patents and industrial interests, thus affecting the healthy development of the industry and threatening economic and social security. "In 2007, enterprises in China had to pay about 19.7 USD for each DVD player, which was 10.2 times the profit. In 2007, the patent fees collected by multinational companies from China reached US$ 2.85 billion. In addition, the micro hard disk project is halfway through, and the wind power and photovoltaic industries are rapidly moving towards the cold winter. These are the tip of the iceberg. " Zhao Wen said that she was very anxious when she saw the above situation.
"China should speed up legislation, introduce administrative regulations as soon as possible to establish an intellectual property review mechanism for major economic activities, list it as one of the necessary pre-links of project management or administrative examination and approval, and clarify the functional orientation, object, content and responsible subject of the review." Zhao Wen suggested that on this basis, all ministries, provinces and municipalities should follow the administrative regulations at higher levels and formulate specific implementation measures in combination with their own economic activities and social and economic development level. "It is necessary to clearly determine what to judge, who to judge, how to judge, what criteria to judge, and how to protect trade secrets."
At the same time, Zhao Wen also said that another important reason why the intellectual property review mechanism for major economic and scientific activities in China is still not perfect is the serious shortage of technical strength. "At present, the number of compound talents and intermediary service agencies who are familiar with international intellectual property rules, have professional and technical backgrounds and are competent for the review work is insufficient, and it is difficult for the review work to reach its due depth and breadth." Zhao Wen said that it may be one of the effective ways to alleviate the shortage of talents if all provinces and cities can be guided to gather talents and cultivate high-quality intermediary service institutions based on industry associations, societies and technical committees.