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The number of effective invention patents in China is the first in the world, and the deputies of the National People's Congress suggested that the stock assets should be revitalized
Release Time:
2023-03-20
With the in-depth implementation of the innovation-driven development strategy and the orderly progress of building China into a powerful country with intellectual property rights, China has made historic achievements in both quantity and scale of intellectual property rights. By the end of 2022, the number of valid invention patents in China had reached 4.212 million, ranking first in the world. The number of annual patent applications is equal to that of the 12 countries ranked second to 13th in the world combined; The number of valid trademark registrations reached 42.672 million, making it the only country in the world with one million annual trademark applications for 13 consecutive years.
The State Council institutional reform plan proposes to improve the intellectual property management system, and the State Intellectual Property Office will return to the direct management of The State Council. Ma Yide, a deputy to the National People's Congress and a distinguished professor at the School of Public Policy and Management at the University of the Chinese Academy of Sciences and dean of the School of Intellectual Property, said that this indicates that China's intellectual property landscape will shift from the past intellectual property protection to the use of intellectual property.
At this year's two sessions, Ma Yide put forward the proposal of "overall revitalizing intellectual property stock assets and expanding the effective increment of intellectual property", and "let intellectual property stock assets become intellectual property capital".
With the in-depth implementation of the innovation-driven development strategy and the orderly progress of building China into a powerful country with intellectual property rights, China has made historic achievements in both quantity and scale of intellectual property rights. By the end of 2022, the number of valid invention patents in China had reached 4.212 million, ranking first in the world. The number of annual patent applications is equal to that of the 12 countries ranked second to 13th in the world combined; The number of valid trademark registrations reached 42.672 million, making it the only country in the world with one million annual trademark applications for 13 consecutive years.
"The quantity index of intellectual property rights can reflect the great progress of China's intellectual property creation ability, but it cannot be equated with the synchronous improvement of China's comprehensive national strength, especially its innovation strength." Ma Yade said that China still faces multiple contradictions such as the mismatch between the layout of intellectual property and the adjustment of industrial structure, the mismatch between the expansion of intellectual property scale and economic growth, and the mismatch between the growth of intellectual property quantity and the improvement of quality.
He believes that China's economy is developing in the direction of informatization, digitalization and intelligence, the complexity of the economy is far more than before, and the expansion of the total amount of intellectual property is difficult to drive economic growth and productivity progress, and it is increasingly required that the systematic layout and overall promotion of intellectual property rights. Facing the future, it is not appropriate or necessary to blindly pursue the expansion of the quantity and scale of intellectual property, but to timely adjust the thinking, invest resources, and further revitalize the existing stock of intellectual property assets.
Among them, intellectual property securitization is a more effective way that has been proved by practice in various countries. Intellectual property securitization uses intellectual property or its derivative claims as the underlying asset to issue securities, thus solving the financing problem of issuers. He suggested that relevant departments take the goal of revitalizing China's IP stock assets, explore an IP securitization model suitable for China's national conditions, and set up a special IP securities trading platform when the time is ripe.
At the same time, institutional reform will drive the improvement of intellectual property quality. Ma Yide said that as China's intellectual property industry enters a new stage of development, it is necessary to take high-quality development as the goal, system construction as the starting point, and constantly improve the quality and efficiency of intellectual property growth.
For example, he said that due to the fierce competition in China's market, many companies apply for the maximum number of registered intellectual property rights as a means of competition, over time, the formation of the intellectual property jungle, pushing the industry into an ineffective, low-quality competition state, and ultimately damaging the overall interests of the industry. In intellectual property intensive industries such as biopharmaceuticals, the use of strategies such as "patent jungle" has also seriously affected public interests and people's lives and health.
To change this situation, in addition to making good use of the internal interest balance mechanism of the intellectual property system and strengthening anti-monopoly law enforcement measures, it is also necessary to further improve the existing patent examination, trademark examination and copyright registration systems. For example, strict patent licensing, "scraps" innovation, "forged" innovation, not only should not be granted authorization, if necessary, should also be investigated for legal responsibility. For the malicious registration of trademarks, in addition to strengthening the intensity of the crackdown, more attention should be paid to the evaluation of the value of the trademark and the actual use of the trademark in the trademark protection mechanism. For trademarks that have never been used, even if they are legally registered, they should not be given high compensation, but should be careful to pay or even not pay. Through the rational use of the compensation system, the idea of unearned gains of malicious registrants can be eliminated from the root. Source: Beijing News
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