2021-01-31

Xi Jinping: Comprehensively strengthen the protection of intellectual property rights, stimulate innovation and promote the construction of a new development pattern

By yqqlm yqqlm

Comprehensively strengthen the protection of intellectual property rights, stimulate innovation and promote the construction of a new development pattern※

Today, the Political Bureau of the Central Committee conducted the 25th collective study, the content of which is to strengthen the protection of intellectual property rights in my country. The “Proposals” of the Fifth Plenary Session of the Nineteenth Central Committee of the Party put forward clear requirements for strengthening the protection of intellectual property rights. The purpose of arranging this study is to recognize the situation and tasks of my country’s intellectual property protection work, summarize achievements, find deficiencies, raise awareness of the importance of intellectual property protection work, and implement new development concepts from the aspect of strengthening intellectual property protection work. Provide a strong guarantee for building a new development pattern and promoting high-quality development.

Innovation is the first driving force for development, and protecting intellectual property rights is protecting innovation. To comprehensively build a modern socialist country, we must better promote the protection of intellectual property rights. Intellectual property protection is related to the modernization of the national governance system and governance capabilities. Only by strictly protecting intellectual property rights can we improve the modern property rights system, deepen the reform of the marketization of factors, and promote the market to play a decisive role in the allocation of resources and better play the role of the government. Intellectual property protection work is related to high-quality development. Only by strictly protecting intellectual property rights and severely cracking down on infringing and counterfeiting market entities and lawbreakers can we improve the quality of the supply system and effectively promote high-quality development. Intellectual property protection is related to the happiness of people’s lives. Only by strictly protecting intellectual property rights, purifying the consumer market, and safeguarding the rights and interests of consumers can the people be assured of buying, eating, and using comfort. Intellectual property protection is related to the overall situation of the country’s opening to the outside world. Only by strictly protecting intellectual property rights can we optimize the business environment and build a new higher-level open economic system. Intellectual property protection is related to national security. Only by strictly protecting intellectual property rights can we effectively protect the key core technologies independently developed by our country and prevent and resolve major risks.

Xi Jinping: Comprehensively strengthen the protection of intellectual property rights, stimulate innovation and promote the construction of a new development pattern

July 2020 On the morning of 31st, the completion and opening ceremony of Beidou-3 global satellite navigation system was held in Beijing. Xi Jinping, General Secretary of the CPC Central Committee, State President, and Chairman of the Central Military Commission attended the ceremony and announced the official opening of the Beidou-3 global satellite navigation system. Xinhua News Agency reporter Ju Peng/photo

Since the 18th National Congress of the Communist Party of China, I have repeatedly emphasized the need to establish an efficient integrated management system for intellectual property rights and open up the entire chain of intellectual property creation, use, protection, management, and service. Promote the formation of a system and mechanism with clear power boundaries, reasonable division of labor, consistent responsibilities and powers, and efficient operation; implement a strict intellectual property protection system, improve the quality and efficiency of intellectual property review, and resolutely punish violations of legitimate rights and interests, especially infringement of intellectual property rights. , The introduction of a punitive damages system, significantly increase the cost of infringement and illegal costs, deter illegal tort, etc.

my country’s intellectual property protection work began shortly after the founding of New China. In 1950, my country promulgated the “Interim Regulations on the Protection of Invention Rights and Patent Rights”, “Interim Regulations on Trademark Registration” and other laws and regulations, and made preliminary explorations on the implementation of patent and trademark systems. After the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China, my country’s intellectual property work has gradually embarked on a formalized track.

Since the Eighteenth National Congress of the Communist Party of China, the CPC Central Committee has placed the protection of intellectual property rights in a more prominent position, and issued the “In-depth Implementation of the National Intellectual Property Strategy Action Plan (2014-2020)” and the “State Council Several Opinions on Accelerating the Building of a Powerful Country with Intellectual Property under the New Situation,” and the “Thirteenth Five-Year Plan for National Intellectual Property Protection and Application” and other series of decision-making arrangements. In this reform of the party and state institutions, we established the State Administration for Market Supervision and reorganized the State Intellectual Property Office to achieve centralized and unified management of intellectual property rights such as patents, trademarks, and geographical indications of origin. We have established intellectual property courts in Beijing, Shanghai, and Guangzhou. The Supreme People’s Court has established intellectual property courts to hear patent and other technical intellectual property appeals nationwide, and establish a professional intellectual property trial system.

In general, my country’s intellectual property industry has continued to develop and has embarked on a path of intellectual property development with Chinese characteristics. Intellectual property protection has made historic achievements. The intellectual property legal system and protection system have been continuously improved. The protection has been continuously strengthened, and the awareness of the whole society to respect and protect intellectual property rights has increased significantly, which has played an important role in stimulating innovation, building brands, regulating market order, and expanding opening up.

At the same time, we must also clearly see the shortcomings, which are mainly manifested as: the whole society’s awareness of the importance of intellectual property protection needs to be further improved; with the vigorous development of new technologies and new formats, the legalization of intellectual property protection is still Can’t keep up; the overall quality and efficiency of intellectual property is not high enough, and high-quality and high-value intellectual property rights are low; the coordination between administrative law enforcement agencies and judicial agencies needs to be strengthened; in the field of intellectual property rights, there are still phenomena of frequent infringements, easy infringement, and difficulty in protecting rights , Intellectual property infringements and violations are characterized by new, complicated, and high-tech features; some companies use system loopholes to abuse intellectual property protection; market entities are obviously insufficient to deal with overseas intellectual property disputes, and Chinese companies’ overseas intellectual property protection Not in place, wait.

Currently, my country is transforming from a big country in the introduction of intellectual property rights to a big country in intellectual property creation, and intellectual property work is changing from pursuing quantity to improving quality. We must proceed from the national strategic height and the requirements of entering a new stage of development, comprehensively strengthen the protection of intellectual property rights, promote the construction of a modern economic system, stimulate the innovative vitality of the whole society, and promote the construction of a new development pattern.

First, strengthen the top-level design of intellectual property protection. It is necessary to accurately judge the new characteristics of the domestic and foreign situation and plan the protection of intellectual property rights. The purpose of protecting intellectual property rights is to encourage innovation, serve and promote high-quality development, and meet the needs of the people for a better life. We must promptly formulate a strategy for building a strong country with intellectual property rights, study and formulate national intellectual property protection and utilization plans during the “14th Five-Year Plan” period, and clarify goals, tasks, measures and implementation blueprints. We must adhere to the principle of self-centeredness, the people’s interests first, and fair and reasonable protection, which not only strictly protects intellectual property rights, but also prevents excessive expansion of individual and corporate rights, and ensures both public interest and incentives for innovation. It is necessary to strengthen the creation and reserve of independent intellectual property rights in key areas, and deploy a number of major reform measures, important policies, and key projects.

Second, improve the level of legalization of intellectual property protection. A complete intellectual property law and regulation system and an efficient law enforcement judicial system are important guarantees for strengthening intellectual property protection. While strictly implementing the relevant provisions of the Civil Code, it is necessary to speed up the improvement of relevant laws and regulations, coordinate and promote the revision of the patent law, trademark law, copyright law, anti-monopoly law, and science and technology progress law to enhance the consistency between laws. It is necessary to strengthen legislation in areas such as geographical indications and commercial secrets. It is necessary to strengthen civil judicial protection and study and formulate litigation norms that conform to the laws of intellectual property cases. It is necessary to improve the quality and efficiency of intellectual property trials and increase credibility. It is necessary to promote the unification of intellectual property administrative law enforcement standards and judicial judgment standards, and improve administrative law enforcement and judicial linkage mechanisms. It is necessary to improve criminal laws and judicial interpretations and intensify criminal crackdowns. It is necessary to increase administrative law enforcement, and focus on key areas and areas where public opinion is concerned, and infringements and counterfeiting are frequent.

Xi Jinping: Comprehensively strengthen the protection of intellectual property rights, stimulate innovation and promote the construction of a new development pattern(1)

9/2019 On the morning of the 25th, the commissioning ceremony of Beijing Daxing International Airport was held in Beijing. Xi Jinping, General Secretary of the Central Committee of the Communist Party of China, President of the State, and Chairman of the Central Military Commission attended the ceremony, announcing the official opening of the airport and patrolling the terminal. This is Xi Jinping taking the rail train to Beijing Daxing International Airport. Xinhua News Agency reporter Xie Huanchi/photo

Third, strengthen the protection of the entire chain of intellectual property rights. Intellectual property protection is a systematic project that covers a wide range of areas and involves many aspects. It must use various methods such as law, administration, economy, technology, and social governance, from review authorization, administrative law enforcement, judicial protection, arbitration and mediation, industry self-discipline, Improve the protection system in links such as citizen integrity, strengthen coordination, and build a large-scale protection work pattern. It is necessary to open up the entire chain of intellectual property creation, use, protection, management, and service, improve the comprehensive management system of intellectual property rights, and enhance the ability of system protection. It is necessary to coordinate the work of intellectual property protection, anti-monopoly, and fair competition review, and promote the independent and orderly flow and efficient allocation of innovative elements. It is necessary to form an intellectual property public service system that is convenient for the people, build a national intellectual property big data center and public service platform, and disseminate intellectual property information in a timely manner, so that the innovation results can better benefit the people. It is necessary to strengthen the construction of intellectual property informatization and intelligent infrastructure, strengthen the application of information technologies such as artificial intelligence and big data in the field of intellectual property review and protection, and promote the integrated development of intellectual property protection online and offline. It is necessary to encourage the establishment of a self-discipline mechanism for intellectual property protection and promote the establishment of a credit system. It is necessary to strengthen the publicity and education of intellectual property protection, and enhance the awareness of the whole society to respect and protect intellectual property rights.

Fourth, deepen the reform of the intellectual property protection work system and mechanism. Since the 18th National Congress of the Communist Party of China, we have deployed and promoted a series of reforms in the field of intellectual property rights. We must continue to implement them well to achieve system integration and coordinated advancement. It is necessary to study and implement differentiated industrial and regional intellectual property policies, and improve the intellectual property review system. It is necessary to improve the intellectual property protection system in new fields and new business forms such as big data, artificial intelligence, and genetic technology, and timely study and formulate protection methods for traditional culture and traditional knowledge. It is necessary to deepen the reform and innovation in the field of intellectual property adjudication, improve the intellectual property litigation system, improve the adjudication of technical intellectual property rights, and step up the implementation of the punitive compensation system for intellectual property infringement. It is necessary to improve the intellectual property evaluation system, improve the intellectual property ownership system, and study and formulate related systems to prevent the abuse of intellectual property rights.

Fifth, coordinate the promotion of international cooperation and competition in the field of intellectual property rights. Intellectual property rights are the core element of international competitiveness and the focus of international disputes. We must dare to fight, be good at fighting, never give up our legitimate rights and interests, and never sacrifice the core national interests. We must uphold the concept of a community with a shared future for mankind, adhere to the principles of openness, inclusiveness, and balanced inclusiveness, deeply participate in global intellectual property governance under the framework of the World Intellectual Property Organization, promote the improvement of international rules and standards such as intellectual property and related international trade and international investment, and promote the global The intellectual property governance system is developing in a more fair and reasonable direction. It is necessary to expand channels and methods of influencing international public opinion on intellectual property rights, tell the story of Chinese intellectual property rights, and showcase the image of a civilized and responsible country. It is necessary to deepen cooperation with countries and regions along the “Belt and Road” in the joint construction of intellectual property rights, and promote knowledge sharing.

Sixth, to maintain national security in the field of intellectual property rights. As I said, external transfer of intellectual property rights must adhere to the overall national security concept. It is necessary to strengthen independent research and development and protection of key core technologies related to national security, and to manage the transfer of intellectual property rights related to national security in accordance with the law. It is necessary to improve laws, regulations, and policies related to intellectual property anti-monopoly and fair competition, and form legitimate and powerful restraints. It is necessary to promote the extraterritorial application of my country’s intellectual property laws and regulations, and improve cross-border judicial coordination arrangements. It is necessary to form an efficient early warning and emergency response mechanism for international intellectual property risks, build a system for the prevention and control of foreign intellectual property risks, and increase assistance for overseas intellectual property rights protection of Chinese enterprises.

Party committees and governments at all levels must fulfill their responsibilities, strengthen coordination mechanisms related to intellectual property work, attach importance to the development of intellectual property talents, form a joint force, resolutely combat counterfeiting and infringement, and resolutely overcome local protectionism. Leading cadres at all levels should enhance their knowledge of intellectual property rights, strengthen their learning, familiarize themselves with the business, and enhance their ability to protect intellectual property rights under the new situation. They should learn to use the intellectual property protection system to promote high-quality economic and social development and learn to use the intellectual property protection system. Carry out international cooperation and competition, and push my country’s intellectual property protection work to a new level.

※This is the main part of General Secretary Xi Jinping’s speech during the 25th collective study session of the 19th Politburo on November 30, 2020.