Transnational corporations can claim hundreds of millions of damages, and small and medium-sized enterprises are often left without recourse for abuse。Intellectual property protectionAfter all these years, where the hell is it
What are you protecting from
Intellectual property rights and protection are not abstract slogans; it means that domestic and foreign enterprises, large and medium-sized enterprises, state-owned collective private enterprises, scientific institutions of higher education and non-profit organizations are treated equally in terms of rights, opportunities and rules. In november 2019, the office issued opinions on further strengthening protection of intellectual property rights, which clearly called for sound communication mechanisms to shape intellectual property rights and protect the environment of superiority and to put equal protection at the institutional level。
It runs through the process of strict protection, greater protection, faster protection, covering the creation, application and protection of intellectual property rights. It is not just the protection of the brand name, not the care of foreign investment, but the same standard of relief for every subject in case of abuse. The three sets of rights, opportunities, rules and protection are the core yardsticks for determining the fairness of the system, and the absence of any one is not really the same。
How does the judiciary do it
At the beginning of 2019, the supreme court of judicial intellectual property was established to hear highly technical civil and administrative appeals, such as patents, and to harmonize national standards of adjudication. The court of intellectual property has advanced the reform of the "third instance " by centralizing jurisdiction, consolidating procedures and professionalizing personnel. The standard of appeal is not changed by whether the plaintiff is a foreign or a private enterprise, which is the lowest institutional guarantee of protection at the judicial level。
Cases of high levels of foreign compensation are emerging, with tens of millions awarded to a multinational pharmaceutical company in china and punitive damages granted to indigenous enterprises during the same period. The methods of calculation of compensation, the standard of proof, the rules of tort determination apply to the same system for both central and foreign subjects. Judicial practice repeats the message that courts look only at evidence and the law, not at signs and not at birth。
Administrative enforcementHard initiatives
Regulations such as the patent administrative enforcement scheme, the regulation on the recognition and protection of visible trademarks, and the enforcement of administrative penalties in respect of copyright have been introduced, and in 2016 the national intellectual property authority issued a special opinion on strict patent protection, setting out a package of specific measures for strict protection. Law enforcement standards do not distinguish between the nature of the subject, size, form of ownership, and are subject to legal scrutiny and are found together。
The opinion also calls for the improvement of mechanisms for collaboration in foreign law enforcement, the strengthening of the external work on intellectual property rights in diplomatic and consular missions abroad and the establishment of information communication channels for overseas observation enterprises and social organizations. Organization of a survey on the status of the protection of intellectual property rights of our enterprises abroad and a study on the establishment of a national protection status assessment mechanism so that enterprises that leave the country can receive equal enforcement support abroad。
Don't let go of foreign protection
As global scientific and technological cooperation accelerates and technology flows accelerate, intellectual property protection moves towards globalization. In the framework of the world trade organization (wto) and the world intellectual property organization (wipo), our country is actively involved in rule-making, promoting the incorporation of new forms of new technologies into the protection of objects, and promoting the further improvement of the system of disclosure of patent information so that the various market players can actually benefit from the system's dividends。
At the same time, it promotes the international export of replicable and replicable intellectual property rights applications and administrative enforcement experiences to support developing countries in their use of intellectual property regimes to promote economic and social development. Trade protectionism and unilateralism could not resist that trend, and narrow protectionism of intellectual property rights would only lead to isolation and, ultimately, to loss。
What else is unfair
There are many real problems. Some tncs continue to enjoy de facto preferential protection, and the protection of smes and collective private enterprises is clearly weak. The system of administrative enforcement has not functioned well, the division of powers between provinces and counties is unclear, there is a lack of dedicated law enforcement at the grass-roots level, and powers of investigation, inquiry and punishment are not fully in place。
At the judicial level, there are inadequate rules of evidence, a system of assessment of tort damage associated with the absence of punitive damages, and a system of reversal of the burden of proof for patent infringement. The issue of revolving litigation was prominent, the right-to-equality cycle was lengthy, the costs and time-consuming nature of sme claims were high, and the effectiveness of protection was greatly compromised。
Go toInternational rulesPush
The administrative authorities must act on their own initiative and find and punish violations together. The combination of vetting mandates, administrative enforcement, judicial protection, arbitration mediation, and the self-protection of market subjects creates protection synergies. Reducing the ipr review and enforcement cycle, achieving fast-track, fast-track, fast-track coordination, and developing rules on the effectiveness of iprs in major cases to prevent circular litigation。
Involving large and medium-sized enterprises in the establishment of internal intellectual property law and regulatory bodies, with a focus on helping small and medium-sized enterprises to establish an intellectual property protection network, clarifying the powers of law enforcement agencies, establishing specialized teams and enforcing investigative penalties. In multilateral bilateral trade negotiations, there was a strong rejection of narrow protectionism, and the principle of protection was enshrined in international rules, making the chinese programme a world programme。
Do you have any examples of small- and medium-sized enterprises defending their legs without a decent compensation? The comment section will share your experience, and it will be useful if it is shared with friends who are intellectual property。
