In today's world, a new round of global scientific and technological revolution and industrial transformation is ready to go, and the development of innovative economy has become the general trend. Intellectual property has increasingly become a strategic resource for national development and a core element of international competitiveness. With the rapid progress of substantive negotiations on the Trans-Pacific Partnership Treaty (TPP) and the Anti-Counterfeiting Trade Agreement (ACTA), the scope of intellectual property protection in international trade is constantly expanding and the standards are constantly improving. Integration? The trend is constantly strengthening.
Facing the increasingly fierce international competition and the new situation of domestic innovation and development efforts, the Central Committee of the Communist Party of China's Proposal on Formulating the Thirteenth Five-Year Plan for National Economic and Social Development clearly requires? Deepen the reform in the field of intellectual property rights? , "the State Council's Opinions on Accelerating the Construction of a Powerful Intellectual Property Country under the New Situation" clearly put forward? Actively study and explore the reform of intellectual property management system and mechanism? .
Zhao Wen suggested in the proposal that the urgent task is to implement the requirements of the central authorities, speed up the construction of a strong intellectual property country, promote the reform of the national intellectual property administrative system at the national level, and establish a unified and centralized intellectual property administrative organization.
In her suggestion, Zhao Wen demonstrated in detail the reasons for putting forward this suggestion from both external and internal aspects. The reason for this is the following：
1. Externally, in line with international practices and development trends.
To build a strong intellectual property country, the intellectual property management system must be in line with international standards. Only under the same institutional framework can we have a common language, integrate into the world intellectual property discourse system, promote multilateral, bilateral and regional intellectual property cooperation, and then participate in the formulation of international rules on intellectual property.
At present, the current intellectual property management system in China still follows the model of 1980s. The management functions of copyright, trademark and patent are implemented by the National Copyright Administration, the State Administration for Industry and Commerce, China National Intellectual Property Administration and other departments respectively, and the Ministry of Agriculture, the Ministry of Forestry, the General Administration of Quality Supervision, Inspection and Quarantine, the General Administration of Customs, the Ministry of Commerce and the Ministry of Science and Technology also undertake corresponding management work, which is in a situation of decentralized management and overlapping functions. This decentralized management system is not conducive to expanding international exchanges and cooperation, improving the right to speak in the World Trade Organization and the World Intellectual Property Organization, and forming a rapid response mechanism to international intellectual property protection. It is time to change it.
Looking around the world, among the 188 member countries of the World Intellectual Property Organization (WIPO), only a few countries such as China, North Korea, Egypt, Greece and Saudi Arabia still adopt the decentralized management mode of intellectual property rights, while most other countries practice centralized management (patents, trademarks, copyrights? Three in one? Management mode) or partial centralized management (patents, trademarks? Two in one? Management mode). Change this decentralized administrative management mode, conform to the trend of gathering, integrated utilization and mutual benefit and complementarity of all kinds of intellectual property achievements, and implement? Three in one? Even? Unification? The centralized management mode of intellectual property rights is the only way to integrate into the world intellectual property discourse system and create a unified, efficient and international intellectual property protection environment, which is an urgent task for the reform of intellectual property administrative management system.
Second, from the internal aspect, we can solve the problems of decentralized management and fragmented management.
Since the implementation of the national intellectual property strategy, China has made great progress in intellectual property development. After entering the new normal, innovation-driven development puts forward higher requirements for the top-level design and system application ability of intellectual property system. What is the current decentralized management model of intellectual property rights? Jiulong water control? It is not conducive to comprehensively strengthening the top-level design and implementation of intellectual property protection, and is not conducive to building an open, fair, honest and transparent market environment. Although cross-departmental coordination can be carried out through platforms such as joint meeting of intellectual property strategy, leading group for trademark strategy implementation, and leading group for software legalization, problems such as difficult supporting policies, low administrative efficiency, and difficult law enforcement still exist, which are incompatible with the urgent need to support and protect market players' innovation and become shortcomings that hinder the improvement of intellectual property administrative efficiency. Promoting the reform of the national comprehensive intellectual property management system and mechanism is of great significance to improving the level of intellectual property management.
Zhao Wen believes that the establishment of a unified and centralized intellectual property administrative organization is conducive to breaking through institutional obstacles, reducing overlapping functions, avoiding the problems of absence, offside and dislocation in the process of multi-sector management, scientifically allocating intellectual property administrative resources, and building an intellectual property protection system integrating judicial protection, administrative protection, arbitration and mediation, rights protection services and cultural construction. It is conducive to rationally dividing the administrative functions of intellectual property offices at all levels, realizing that the central and local intellectual property administrative functions have their own emphasis, complementary powers and responsibilities, and improving efficiency. It is conducive to unifying the working mechanism and law enforcement standards of intellectual property administrative protection, implementing stricter intellectual property protection, comprehensively enforcing the law, severely cracking down on counterfeiting, piracy and infringement, earnestly safeguarding the market order of fair competition, maintaining the enthusiasm of market participants for innovation and entrepreneurship, and safeguarding the legitimate rights and interests of intellectual property rights holders.
Zhao Wen wrote in the proposal:? The establishment of a unified and centralized intellectual property administrative organization is conducive to combing and merging all kinds of intellectual property administrative powers, streamlining institutions and coordinating personnel, unifying law enforcement, optimizing services, creating a good intellectual property legal environment and protecting the environment for innovation and entrepreneurship. It is conducive to integrating all kinds of intellectual property policy resources, improving the pertinence and effectiveness of various support policies, enhancing the trust of international investors and business circles in China's investment environment, and attracting more innovative resources and talents; Guide market players to comprehensively use policy dividends, amplify the performance of fiscal funds, and improve the effect of policy implementation. It is conducive to the integration of all kinds of intellectual property public service resources, which can be realized in intellectual property registration, information consultation, transaction transformation, rescue and rights protection. A door? Service, and effectively reduce the operating costs of innovative subjects. ?
Zhao Wen believes that it is necessary to promote the reform of the national comprehensive intellectual property management system and mechanism, solve the problems of decentralized management and fragmented management, and build? An intellectual property system with clear rights, reasonable division of labor, consistent responsibilities and rights, efficient operation and legal protection? Realizing the modernization of intellectual property governance system and governance capacity has become the consensus of all walks of life. Shanghai Pilot Free Trade Zone and Pudong New Area Promote Intellectual Property Rights? Three in one? The reform of administrative system and mechanism has made gratifying progress, and brother provinces and cities are also actively exploring and actively promoting the pilot mode of centralized management of intellectual property rights. It can be said that on the basis of local pilot exploration, the time is basically ripe to speed up the construction of a unified and centralized intellectual property administrative agency.
In view of this, Zhao Wen suggested speeding up the reform of the national intellectual property management system. In the proposal, Zhao Wen also gave specific suggestions to promote this work:
1. Objective: To establish a unified and centralized intellectual property management institution as soon as possible. Incorporate the reform of the administrative system and mechanism of intellectual property rights into the reform plan of the 19th National Congress of the Communist Party of China, and incorporate the comprehensive management reform of intellectual property rights into the 20 16 annual plan for deepening the reform of the system and mechanism of the central government. Promote the establishment of China National Intellectual Property Administration (SAIP) and provincial intellectual property offices, uniformly exercise the management functions of various intellectual property rights such as patents, trademarks, copyrights, geographical indications, layout design of integrated circuits, new plant varieties, and coordinate the top-level design and strategy formulation and implementation of the intellectual property system.
2. Division of functions: actively adapt to the new requirements of accelerating the construction of a strong intellectual property country. China National Intellectual Property Administration undertakes macro-management functions such as top-level design, strategic planning, system construction and international cooperation of the intellectual property system. The Provincial Intellectual Property Office has focused on strict administrative law enforcement, optimizing public services, strengthening policy support and improving management efficiency, and accelerated the construction of a number of intellectual property provinces and cities.
3. Promotion steps: expand the pilot, sum up experience and coordinate promotion. The State Council has accelerated the formulation of a plan to promote the reform of the national intellectual property administration system and mechanism, supported and encouraged qualified places to carry out the pilot reform of comprehensive intellectual property management, summed up experience in a timely manner, and made overall plans to promote it, with a view to better releasing the reform dividend and providing strong support for implementing the innovation-driven development strategy and building an innovative country under the new situation.