As a result of the implementation of the innovative national strategy, the state's focus on innovation and intellectual property protection is increasing. In mid-may 2016, the central committee of the communist party and the state council issued the outline for a national innovation-driven development strategy, which emphasizes the acceleration of a series of efforts to build a strong intellectual property power. At the same time, there have been numerous patent litigations in china, the most visible of which was the prosecution of samsung for intellectual property. With regard to the current status of and challenges to intellectual property protection in china, the rango think tank of the people's post and telecommunications publishing house organized the “open innovation, out of the country” china intellectual property protection controversy in beijing, inviting about 10 experts, including the china institute of information and communication, the national intellectual property administration and the legal profession, to conduct in-depth discussions。
China's intellectual property protection needs to be strengthened
Overseas science and technology enterprises value intellectual property protection, and patent litigation is common. However, the relatively weak protection of intellectual property rights in china by chinese enterprises in various sectors has led to a slow pace of innovation, and chinese enterprises are “basins” of intellectual property protection。
“in order to survive, patents are important and necessary.” on this occasion, at sharon, zhang junxia, deputy director of the intellectual property centre of the china institute of information and communications, stated that information and communication was a knowledge-intensive, technology-intensive industry that had formed a highly standardized global industrial chain. Patent applications are important and necessary if enterprises are to survive and develop。
Zhang junxia noted that information communication had been evolving from 3g to 4g and that patent intersections were more common. According to statistics, nearly 18 per cent of each other have a proven relationship, particularly with communications enterprises and intelligence terminals. Patent applications are therefore particularly important for enterprises。
Intellectual property rights are even more important in the current era of intellectual interconnection. Communications experts have argued that the road ahead will be even more difficult if the enterprise is not prepared to defend its intellectual property rights。
“we are about to enter an era of smart internets, not only communication systems, but also traditional internets, including smart hardware, smart software, big data, smart learning and computing capabilities, which require a certain amount of technological accumulation.”。
In particular, once a decision has been taken to leave the country, patent actions are often brought. In the mobile phone industry, the lack of patents has prevented many domestic manufacturers from travelling abroad. In india, for example, mi was prosecuted by ericsson。
“it is very difficult for domestic mobile phone manufacturers to break the high threshold of international markets.” sun qi, deputy director-general of the beijing sino market research corporation, believes that it would be of considerable interest to convene an intellectual property discussion about sharon at this time, and that many mobile phone manufacturers will be “going out to sea” this year, because china has a market penetration rate of over 70% for smart phones, while many countries have a penetration rate of less than 30%, but domestic mobile phone manufacturers must put their patent efforts into practice “verbal” practice. This is also the way china’s technology industry is going overseas。
The passivity of chinese communications companies abroad has begun to reverse
“the passivity of chinese enterprises in patent markets has begun to reverse.” according to fu wen-in, vice-president of qingbo data corporation, the recent prosecution of samsung for patents by china has in a way begun to reverse the passivity of chinese enterprises on the patent market. Intellectual property rights in china will become more stringent, and chinese enterprises will need to strengthen their patent power. China’s lawsuits in foreign markets and samsung will have an exemplary effect on domestic firms。
“on the other hand, it is also an expression of china’s strength, and the fundamental reason for china’s hand in this case is that china’s patent power is already capable of challenging the giant, which is its thick and thinness in patent power and even combined power. Intellectual property rights are core competitiveness. "fuwen-in says。
It is known that earlier, after china had reached a cross-cutting agreement with apple and china had sued samsung, the mobile phone market quickly developed a three-fold trend towards the “founding fruit mountain”. Currently, apples, samsung and china account for about 50 per cent of the global market share。
A number of experts said that the lawsuit had provided much inspiration for the protection of intellectual property rights in china and would encourage more enterprises to face the value of intellectual property rights and provide direction for the future size of chinese enterprises in overseas markets. On the other hand, with regard to the future development of the intellectual property industry and justice in china, the experts made their own recommendations. For example, many people in the industry now question the role of patent size patterns, and even suggest that they should be reduced to higher quality. In response, the national intellectual property agency, the department of protection coordination, xinjiang, expressed different views。
"the quality of the absence of quantitative layout is hypocritical." there are three reasons for this: first, any patent layout cannot be one or two layouts, but rather an ethnic group; second, researchers and developers cannot determine whether patents are more critical and more important; and, moreover, patents that have not experienced the market cannot judge whether they are core, and only through a market test can they be truly valued.”
With regard to the intellectual property challenges faced by enterprises going out, two high-level law firms, the well-known anti-monopoly lawyer, dong jung wei, put it from a judicial point of view: “this also requires state judicial protection”
According to dong zheng wei, chinese enterprises need more support and assistance from the government in the process of external expansion, particularly in terms of intellectual property protection. “we propose judicial reform to enhance confidence in the administration of justice, so that the level of intellectual property protection in our country will be greatly enhanced.”
In addition, experts expressed the view that the protection of intellectual property rights should be further strengthened: innovation-driven development is the destiny of the country, and the transition from china's economy to china's industrial upgrading is centred on innovation and intellectual property protection; standard patents accumulated by chinese enterprises with long-term r&d inputs are of great value and are currently the focus of our country's efforts to strengthen the judicial protection of patents。
As can be seen from the experts ' discussions, the protection of intellectual property rights in china, which was previously relatively green, has finally begun to rise. As the national judiciary, industry and others increase their focus on intellectual property protection, it is time for chinese enterprises to move out of the current “basket” and towards a “oversea” perspective。
