2021-10-28

Intellectual property protection delimits construction drawings and comprehensively establishes a punitive compensation system

By yqqlm yqqlm

Intellectual property protection delimits construction drawings, and comprehensively establishes a punitive compensation system

specific plans for the protection and application of intellectual property in China have been released

on the 28th, the State Council announced the national plan for the protection and application of intellectual property rights in the 14th five year plan (hereinafter referred to as the plan), which made a comprehensive deployment for the work of intellectual property rights in the next five years

the plan points out that by 2025, the phased objectives and tasks of building a strong intellectual property country will be completed on schedule, the governance capacity and level in the field of intellectual property will be significantly improved, the intellectual property cause will achieve high-quality development, and effectively support innovation driven development and the construction of a high-standard market system, We will vigorously promote high-quality economic and social development

the plan puts forward four main objectives: intellectual property protection to a new level, new achievements in the application of intellectual property, new levels of intellectual property services and new breakthroughs in international cooperation in intellectual property, and establishes eight main expected indicators, such as “the ownership of high-value invention patents per 10000 people”. It also deployed key tasks around five aspects and set up 15 special projects such as trade secret protection project

Intellectual property protection delimits construction drawings and comprehensively establishes a punitive compensation system

you Minjian, arbitrator and mediator of the arbitration and mediation center of the world intellectual property organization, told China first finance and economics that compared with the medium and long-term outline for building an intellectual property power (2021-2035), the plan All units and departments facing the implementation of intellectual property work have issued more targeted work tasks to ensure that all work is implemented in place. The specific measures, together with more than a dozen columns, not only ensure the comprehensiveness of the implementation of intellectual property work, but also highlight the key tasks during the 14th Five Year Plan period

Yang Yong, a researcher at the intellectual property law and Policy Research Institute of East China University of political science and law, told China first finance and economics that the plan is clearer and clearer in terms of operation, implementation and work objectives, takes intellectual property protection to a new level, and clearly requires that the connection mechanism of intellectual property protection be improved, and the punitive compensation system for intellectual property infringement be effectively implemented The frequent occurrence of infringement has been effectively curbed, and more high-quality intellectual property rights in key core technology fields have emerged

strengthen administrative protection and implement punitive damages

in terms of Comprehensively Strengthening Intellectual Property Protection and stimulating the innovation vitality of the whole society, the plan puts forward specific measures from the aspects of improving the legal and policy system of intellectual property, strengthening the judicial protection of intellectual property, strengthening the administrative protection of intellectual property, strengthening the collaborative protection of intellectual property and strengthening the source protection of intellectual property

in terms of improving the administrative protection mechanism of intellectual property rights, it is proposed to strengthen the central authorities’ powers in the macro management of intellectual property protection, regional coordination and overall planning of foreign-related matters; Establish the system of technical investigators for administrative protection; Improve the administrative adjudication system for intellectual property infringement disputes; Improve the cross regional and cross sectoral cooperation mechanism for administrative protection of intellectual property rights

“the plan has new thoughts on strengthening administrative protection.” Yang Yong said, for example, he proposed to strengthen the construction of the guidance system for intellectual property administrative law enforcement, establish the system of administrative protection technical investigators, and improve the cross regional and cross departmental cooperation mechanism for intellectual property administrative protection. It also proposes to strengthen the staffing and capacity-building of intellectual property administrative law enforcement and administrative adjudication teams. In his opinion, many hot controversial issues of intellectual property rights need administrative protection, but the existing administrative team mechanism and capacity are still insufficient. Therefore, we look forward to more specific administrative protection provisions to improve the effectiveness of protection. “We also need to optimize the system and mechanism of intellectual property administrative protection, and strengthen the talent construction of intellectual property team to ensure the specialization and efficiency of the team,” Yang Yong said

in addition to the content of administrative protection, the plan proposes to comprehensively establish and implement the punitive compensation system for intellectual property infringement and increase the intensity of damage compensation

since 2018, the legal revision and policy formulation of intellectual property punitive damages system have been accelerated

the anti unfair competition law amended in 2019, the patent law and the copyright law amended in 2020 and other intellectual property department laws have added punitive compensation provisions. The civil code promulgated in 2020 stipulates the system of punitive damages for intellectual property rights, marking the “full coverage” of punitive damages in the field of intellectual property rights

in the decision to amend the trademark law published on April 23, 2019, it is clear that the amount of compensation for malicious infringement of the exclusive right to use a trademark will be increased from less than three times before the amendment to less than five times, the upper limit of legal compensation will be increased from 3 million yuan to 5 million yuan, and the amount of punitive compensation will reach an international high level

on this basis, the opinions on strengthening the protection of intellectual property rights in 2019 further proposed to speed up the amendment and improvement of the patent law, trademark law and copyright law, greatly increase the upper limit of legal compensation for infringement and strengthen the compensation for damage

on March 3, 2021, the Supreme People’s Court issued the interpretation of the Supreme People’s Court on the application of punitive damages in the trial of civil cases of infringement of intellectual property rights (hereinafter referred to as the interpretation), which shall enter into force as of that date. The interpretation has made specific provisions on the scope of application of punitive damages in civil cases of intellectual property rights, the determination of intent and serious circumstances, and the determination of calculation base and multiple. The purpose is to guide courts at all levels to accurately apply punitive damages and punish serious violations of intellectual property rights by clarifying the judgment standards

Liu Chunquan, partner of Duanhe law firm, believes that China’s intellectual property laws and policies have been relatively perfect, and more importantly, how to better implement them in practice. “It is not easy to convince people that enterprises have indeed suffered great losses when specific laws fall into the case.”

open the way for emerging industries and key core technologies

intellectual property rights play a key supporting role in innovation activities. High quality development puts forward urgent requirements for higher level creation and more effective application of intellectual property rights

the first basic principle of the plan is to give priority to quality and accelerate the transformation of intellectual property work from pursuing quantity to improving quality

the plan also puts forward several indicators. For example, by 2025, the added value of patent intensive industries will account for 13% of GDP, the added value of copyright industries will account for 7.5% of GDP, the annual total import and export of intellectual property royalties will reach 350 billion yuan, and the number of high-value invention patents per 10000 people will reach 12

Intellectual property protection delimits construction drawings and comprehensively establishes a punitive compensation system(1)

however, in Yang Yong’s view, compared with European and American countries, the quality of intellectual property rights in China is still insufficient. To build a strong intellectual property country, we should not only have quantitative advantages, but also have advantages in some key areas

SHEN Changyu, director of the State Intellectual Property Office, also mentioned in a signed article in the people’s daily on the 23rd that building a strong intellectual property country is an urgent need to promote high-quality development. Vigorously developing new technologies, new business forms and new models, developing an innovative economy supported by patents, a brand economy supported by trademarks, a characteristic economy supported by geographical indications of origin and a cultural industry supported by copyright, and fighting a turnaround in the seed industry itself is the due meaning of high-quality development and shaping China’s new advantages in future development The key to achieving high-quality development

the plan proposes to improve intellectual property protection policies. We will improve the intellectual property protection system for new fields and formats such as big data, artificial intelligence and gene technology. Research and construct data intellectual property protection rules. We will improve the intellectual property policy for safeguarding national security. Study and formulate rules for the protection of intellectual property rights of key core technologies related to national security

“the plan is more about protecting and developing the intellectual property rights of emerging industries and providing a good intellectual property protection atmosphere for these new technologies,” said Yang Yong

according to you Minjian, among the specific measures involved in the plan, first of all, in “improving the intellectual property legal and policy system”, it refers to “improving the intellectual property legal system connected with national defense construction”. At the same time, among the specific measures, there is a special section on “improving the intellectual property policy for safeguarding national security”, including the protection of intellectual property rights of key core technologies related to national security, and managing the external transfer of intellectual property related to national security according to law

“these contents related to national security are not included in the 13th five year plan for the protection and application of intellectual property rights. The reason is that this plan It is also mentioned that China’s economy has changed from a stage of rapid growth to a stage of high-quality development. Intellectual property rights are now a strategic resource for national development and a core element of international competitiveness. As a competitive weapon, intellectual property rights can hold the foundation of independent innovation in the new round of scientific and technological revolution, “you Minjian said

Liu Chunquan told reporters that the plan also mentioned trade secret protection projects, data intellectual property protection projects, etc. “Guiding the government to strengthen market protection through laws, policies and comprehensive means is more scientific than modifying a single legal rule, and will play a practical role in innovation.” he reminded that major innovation is not achieved overnight. It is also necessary to prevent excessive legislative rules, encourage the emergence of “intellectual property cockroaches”, and frequently Sue enterprises that really do business for excessive fees, Impairing normal business operation and competition. (author: golden leaf)