[Abstract] In the process of economic globalization, intellectual property protection has become one of the most important issues in international trade. Intellectual property trade in international trade accounted for an increasing proportion of the role of more significant, with the accession to the WTO, pay attention to and strengthen the protection of intellectual property rights in our country, cultivate national awareness of intellectual property rights, for our country's healthy, stable and sustainable development of international trade is of great practical significance. This paper from the theory of intellectual property rights and the relationship between international trade as an entry point, focusing on the analysis of the current situation of intellectual property rights in China and the problems that exist, and from the strategic height of the country and enterprises to put forward countermeasures for the protection of intellectual property rights.
[Keywords] Intellectual property rights protection protection strategy
Intellectual property rights mainly refers to individuals and their organizations in the intellectual work created and completed in the intellectual achievements and enjoy the exclusive rights according to law. It is characterized by intangibility, duality, confirmation and exclusivity. According to the relevant legal provisions of China's intellectual property law, the intellectual property rights enjoyed by citizens and legal persons are copyright (copyright), patent, trademark exclusive right, the right of discovery, the right of invention, and other scientific and technological achievements. Intellectual property protection is very important in today's knowledge-based economy, which not only stimulates 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. This article from the theory of intellectual property rights and the relationship between international trade as an entry point, focusing on the analysis of the current situation of intellectual property rights in China and the existing problems, and from the national and corporate strategic height to put forward the countermeasures for the protection of intellectual property rights.
I. The relationship between intellectual property protection and international trade
Intellectual property protection is a knowledge-based reflection of international and international economic relations, is the inevitable product of the development of the new economy; according to Marx's doctrine of surplus value, only the production of material material can produce surplus value, and intellectual property rights as a kind of non-material economy itself does not produce surplus value, only to participate in the value division of the material According to Marx's theory of surplus value, only the production of material materials can produce surplus value, while intellectual property, as a kind of immaterial economy, does not produce surplus value by itself, but only participates in the division of value of the material production sector to produce value. In the process of international trade, some developed capitalist countries depress the price of products in material sector and raise the price of non-material economic sector related to knowledge, so as to obtain a more favorable position in international trade. With the continuous development of international trade, the status of intellectual property rights in international trade is more and more important, the international intellectual property rights and trade in goods, trade in services, its importance can be seen. 1994 in the GATT Uruguay 10th round of negotiations, the formation of the Agreement on Trade-related Aspects of Intellectual Property Rights (Agreement on Trade-related Aspects of Intellectual Property Rights), which is the first international agreement on intellectual property rights in Uruguay. Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) referred to as the "TRIPS" agreement; the establishment of the WTO in 1995, the "TRIPS" agreement came into force at the same time, in 2001, China's accession to the WTO, the "TRIPS" agreement has also of course become China's intellectual property rights protection of the important norms. Intellectual property protection will have an important impact on international trade.
1. Attention to intellectual property protection is conducive to the healthy development of China's foreign trade
It is well known that foreign trade is the engine of economic growth. With the development of international trade, the knowledge content and technical content of goods and services are getting higher and higher, in which goods involving intellectual property rights occupy a larger proportion, and this proportion is still climbing. Since the reform and opening up, China has been able to introduce a large number of successful foreign capital and foreign advanced technology, to a large extent, depends on China's establishment and implementation of intellectual property rights system for the normal international trade activities and investment activities to lay the foundation of the security system. Only in a good intellectual property protection environment, international trade and investment can be effectively developed.
2. Adverse effects of intellectual property protection on developing countries
In Vernon's theory of product life cycle, generally speaking, a country's industry will go through the following four stages: the first stage, the creation of new products to enter the domestic market; the second stage, the domestic market is saturated, exporting to foreign markets; the third stage, foreign investment, to provide products to foreign markets; In the fourth stage, foreign production and export to the home market. From the point of view of developed countries, when in the second and third stages of the product cycle, it will strongly support free trade; and when it comes to the fourth stage, the domestic market for imported products to replace the product, the country's product market position began to decline, its market share is challenged. At this point, it will turn to intellectual property protection and will strongly link intellectual property protection in its trade policy, implementing strict intellectual property protection through coercive measures to try to slow down the pace of the product cycle. This is undoubtedly unfair to developing countries, which are relatively backward in terms of technology. Such 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.
Two, the current protection of intellectual property rights in China's international trade facing the problem
China is the world's largest developing country, with the world into the era of economic globalization, as well as China's accession to the WTO, the Chinese government in the protection of intellectual property rights to establish and formulate the relevant legal system, and has made the achievements recognized by the world. But from China's society is still in the primary stage, the market economic system is still to be perfected, in international trade, China in the protection of intellectual property rights there are still some urgent problems to be solved.
1. Intellectual property protection awareness is relatively weak
Enterprises are weak awareness of intellectual property protection, China's enterprises each year to achieve major scientific and technological achievements above the provincial and ministerial level of tens of thousands of projects, and the number of patents applied for less than 10%, the enterprise pays more attention to the protection of tangible assets, but ignored its protection as intangible assets, which leads to a lot of intellectual property rights in China each year was "Therefore, enhancing the awareness of intellectual property protection has become the most important task for entrepreneurs. So enhance the awareness of intellectual property protection has become the entrepreneur's *** knowledge, strengthen the legal protection of enterprise intellectual property rights has also become the development of enterprise "driving force" and "watershed". At present, China lacks a set of effective intellectual property protection mechanism, intellectual property protection involves many aspects, including legal, political, economic, cultural and other fields. For example, the leakage of commercial secrets of Shanxi Old Chen Vinegar; the leakage of cloisonné, Xuan paper and other national stunts, and a large number of well-known domestic trademarks have been seized in foreign countries. Therefore, while vigorously protecting the well-known trademarks abroad, the fostering and protection of domestic well-known trademarks should be strengthened.
2. Lack of Intellectual Property Talents
Most domestic enterprises have not yet set up intellectual property management departments, and there are no personnel specialized in intellectual property rights, and there are not many talents who really understand and know intellectual property rights. Enterprises involved in intellectual property disputes, either in an extremely passive position, or to pay high fees to hire external personnel to respond to lawsuits. Some highly specialized including patent application, trademark registration, property rights negotiation and analysis work, because of the lack of professionals and no one competent.
3. Laws related to the protection of intellectual property rights need to be improved
Some of our laws and TRIPS-related laws are still very different and even have many gaps. Intellectual property is a legal monopoly granted by law. Some multinational corporations try to use the illegal restriction and exclusion of competition in intellectual property rights to realize their monopoly position. In response to the illegal monopoly behavior of abusing intellectual property rights, many developed countries are restrained by enacting anti-monopoly laws, but China has not yet introduced anti-monopoly laws, and there are no operable anti-monopoly provisions in the laws on intellectual property protection. In this way, China's enterprises may encounter unfavorable passive state when encountering intellectual property disputes, so that they can do nothing about the monopoly behavior of other enterprises in the domestic market, and put themselves in an embarrassing situation when encountering strict control of anti-monopoly law in the foreign market.
Three, China's countermeasures to strengthen the protection of intellectual property rights
In the process of international trade, countries attach great importance to the protection of intellectual property rights, the development of effective legal protection system to protect their economic interests. For our country, the protection of intellectual property rights is a wide range of systematic projects, although the Chinese government in this regard has also formulated the relevant legal system, but really from the national consciousness to pay attention to the issue of intellectual property rights still need a process. For the time being, the following aspects of work should be done:
1. Implementation of the national strategy for the protection of intellectual property rights
(1) policy favor, financial support. Policies should be shifted from generalized support to focus on supporting patent projects, especially those high-tech patent projects, and building high-tech national industrial groups with China's independent intellectual property rights. At the same time, take strong measures to ensure that the patent system to honor the rewards, rewards some of the major invention patent technology. In terms of funding, in the face of the "WTO" after the new situation, governments at all levels should establish a patent fund to finance, enterprise as the main body, a wide range of sources of funding, multi-channel, multi-form fund-raising. Focus on supporting those who have a wide range of market prospects, high technology content, high value-added patented technologies, such as the Torch Plan, Spark Plan, high-tech industrialization, technological transformation projects, new product development projects, and other scientific and technological and economic planning projects.
(2) Strengthen legislation and improve laws. Intellectual property laws and regulations should be formulated to encourage innovation, optimize the environment for the purpose of further forming both international standards and in line with China's national conditions of intellectual property laws and regulations. The Patent Law, Trademark Law and Copyright Law should be revised and improved, as well as legislation on the protection of copyright for folk literature and artistic works, protection of genetic resources and traditional knowledge. At the same time, it will further improve administrative enforcement procedures and resolve intellectual property disputes in a fair and efficient manner in accordance with the law. It has actively utilized the role of inter-departmental law enforcement coordination mechanisms and regional collaborative law enforcement mechanisms to combat and prevent group infringement and repeated infringement. It will consolidate the system of joint supervision of major intellectual property cases and the mechanism of communication and dialogue with foreign governments and international organizations. Strengthen the protection of intellectual property rights in various exhibitions such as the "Olympic Games" and "World Expo". China will enhance the level of intellectual property protection in the fields of agricultural technology, agricultural tools, pesticides and fertilizers, etc., so as to promote the construction of a new socialist countryside. Strengthen the judicial protection of intellectual property rights, conscientiously implement judicial interpretations of intellectual property rights, and pursue criminal responsibility for crimes against intellectual property rights in accordance with the law.
(3) Emphasize talents and cultivate them. Science and technology are people-oriented, and talents are the first resource of the country. Competition between countries is actually the competition of talents, who possesses the more talents, who will be able to gain advantage in the competition and win. In recent years, multinational corporations have increased the competition for local talents in China, Chinese enterprises if they do not strengthen the importance of talent, will lose the power source of the future development of the enterprise; at the same time, the enterprise should also accelerate and deepen its own talent system and structural changes, to cultivate their own talent team. To carry out multi-channel, multi-level training of talent, especially to increase the intensity of high-level training of intellectual property rights, intellectual property rights to enhance the level of work to create a large-scale intellectual property rights, including various types of professionals and management personnel. It will continue to strengthen the publicity and training of intellectual property rights for government leaders at all levels and persons in charge of enterprises and institutions.
(4) Highlight the characteristics and draw on experience. The development of economy has its own characteristics, and the protection of intellectual property rights should also have its own characteristics. There should be a strategic focus and direction of intellectual property protection in line with the characteristics of the country and region. In recent years, the U.S. has made combating piracy and the like a priority of intellectual property protection, with media piracy being the top priority. At the same time, they have improved U.S. intellectual property laws and regulations - especially criminal penalties - in accordance with modern standards, including by revising and updating two-way judicial assistance and extradition treaties signed by the U.S., so that pirates and counterfeiters can be legally sanctioned in the United States.
China should also focus on seeking joint protection of traditional knowledge resources. When the developed countries have basically completed their "enclosure movement" of global modern industrial intellectual property rights, our "traditional knowledge" will become the new target of the enclosure movement in the new century. China should actively utilize the existing intellectual property rights legal mechanism to protect traditional knowledge resources, and at the same time, actively seek international joint group protection.
2. Implementation of enterprise intellectual property protection strategy
(1) Establish brand and enhance awareness. Knowledge economy, the brand "name" is increasingly in the knowledge content of the product is high, the enterprise should maintain the product in the knowledge content of the advantages to seek competitive advantage of the product, only the enterprise has mastered the intellectual property rights, in order to launch the national brand in the market, in order to occupy a place in the international market; has its own Well-known national brand, we should establish brand protection awareness, insight into the multinational groups in our country to use the brand strategy, the internationalization of the brand to drive the intellectual property strategy. We should not only make use of domestic resources and markets, but also make full use of foreign resources and markets to carry out transnational business, so that our brand can become a globalized brand. Because some enterprises in China did not have the awareness of trademark protection in the early years, a large number of domestic well-known trademarks were seized in foreign countries, such as "Tongrentang", "Tsingtao Beer" and so on, so that the development of these enterprises in foreign countries has been subjected to heavy resistance, so we have to learn these lessons and always pay attention to their own intellectual property rights. Therefore, we should learn these lessons and pay attention to the protection of our well-known trademarks. Otherwise, it is tantamount to killing the development of enterprises in foreign countries.
(2) Strengthen the application and promote the protection. According to the report, only since China's accession to the World Trade Organization, the economic compensation caused by intellectual property disputes has totaled more than one billion dollars. Therefore, we should implement the patent protection strategy from multiple angles and in three dimensions. The implementation of patent protection strategy as a talisman of enterprise development has been the urgent need of China's enterprises.
First, the establishment of a specialized intellectual property rights institutions, the establishment of patent information center to collect information, build intellectual property protection network, through the patent information center, and the enterprise product-related patents for classification management. According to the World Intellectual Property Organization (WIPO) statistics show that every year more than 90% of the new technological inventions and creations will be retrieved in the patent literature, so we can constantly update our patent database, the similar technology to rank and through professionals to the relevant content of the infringement of analysis, in the case of infringement does not constitute an infringement of the R & D staff of enterprises to understand the technological trends in the industry, to provide direction to the innovative It provides direction for innovation projects and maintains the legitimacy of research and development.
Secondly, improve the rate of patent application and set up patent network strategy. Apply for a patent for each innovative program, and set up a large number of different rights with the same principle around the basic patent, and technological development is a process of continuous upgrading, so when an enterprise has its own independent patent, it should obtain a net-like patent protection scope through continuous improvement of the original technology.
(3) Increase innovation and efficiency. The implementation of enterprise intellectual property strategy, must speed up the establishment of enterprise technology innovation system, increase the output of intellectual property rights, the formation of enterprises in technological innovation and scientific and technological investment in the main position. First, we must establish the concept of intellectual property rights in the process of technological innovation in enterprises, make full use of intellectual property literature, pay attention to the discovery, declaration and formation of intellectual property rights; Second, we must strengthen the construction of enterprise technology centers, so that the technology centers to become a new product, new technology development and intellectual property rights strategy implementation of the carrier, to become an attraction, cohesion of scientific and technological talent, mobilization and play its enthusiasm and creativity platform; Third, we must strengthen the cooperation between industry, academia and research, according to the "benefit * * * *". In accordance with the "benefit *** enjoy, risk *** share" principle, *** with the development of new products and new technologies, the establishment of research institutes and laboratories, *** with the training of technical personnel.
References:
[1]Tian Xiaojing: Intellectual Property Friction and Response Strategies of Chinese Enterprises in International Trade[J]. Journal of Gansu Province Economic Management Cadre College, 2007(1)
[2]Li Ben Liu Luyao Lu Penglun:Abuse of Intellectual Property Rights in International Trade under the Framework of WTO[J]. Modernization of Shopping Malls, 2007(1)
[3]Ding Yonggang, Zhang Haipeng: On the Existing Problems and Countermeasures Analysis of China's Intellectual Property Protection in International Trade[J]. Mall Modernization, 2007(5)
Other Related Literature:
1. Intellectual Property Rights and International Competition China Science and Technology Promotion and Development Research Center China Finance and Economy Publishing House
2. China: Facing the International Economic Friction Liu Li Encyclopedia of China Publishing House
3. Research on the Academic Frontier of Intellectual Property Rights Nan Zhenxing China Book Publishing House
4. "Driving the Market Economy with System and Order" by Hong Yinxing, People's Publishing House
5. "Study on WTO and Local Administrative System" edited by Tang Minhao, Shanghai People's Publishing House
6. "Problems and Countermeasures of China's Intellectual Property Rights Trade" by Li Hao, International Trade Issues, Issue No. 2005/11
7. Protection of Intellectual Property Rights: A Chinese Leap Forward" Liu Yong International Trade in Technology 2005/3
8. Research on Intellectual Property Strategies of Multinational Groups in China" Lu Wenju International Trade in Technology 2005/4
9. 2006/1
10. "Several Issues of China's Intellectual Property Strategy" Zheng Chengsi Xinhua Digest 2006/15
11. "Intellectual Property Rights - A Barrier that Private Enterprises Cannot Survive in Exporting" Xia Ruilin Foreign Economic and Trade Practice 2004/6
12. "Proposal for Establishing Early-Warning Mechanism for Technical Standards of Large Categories of Exported Products" Jiang Rong Foreign Economic and Trade Practice 2003/6
12. "Proposal for Establishing an Early-Warning Mechanism for Technical Standards of Large Categories of Exported Products" Jiang Rong Foreign Economic and Trade Practice 2003/6
13. Foreign Economic and Trade Practices" 2003/9
13. "The Establishment and Improvement of the Early Warning Mechanism for Technical Barriers to Large Categories of Export Commodities in Guangzhou" Jiang Rong et al. "The World Standardization and Quality Management" 2004/11