The development course and achievements of the cause of intellectual property in the past 70 years

Seventy years of wind and rain, seventy years of spring and autumn.

On October 1, 2019, we will celebrate the 70th anniversary of the founding of the People's Republic of China. Over the past 70 years, we have gathered the confidence and courage of all Chinese children to move forward bravely towards the Chinese nation's great rejuvenation, and achieved a great leap from standing up, getting rich, and becoming strong.

In the seventy years of forging ahead, the earth of China has undergone earth-shaking changes, and China's intellectual property undertaking has also undergone a fundamental transformation from scratch to growth. Looking back on the extraordinary course of 70 years, we can proudly say that under the leadership of the Communist Party of China, China's intellectual property undertaking has achieved a historic leap step by step, becoming a veritable intellectual property power, not only successfully catching up with the times, but also adapt The era has also strongly supported the development of the era.

Tamping the foundation system and constantly improving

As early as 1950, at the beginning of the founding of New China, despite facing the arduous and heavy domestic restoration and reconstruction and some international blockades, China still formulated and promulgated the "Provisional Regulations for the Protection of Invention and Patent Rights", "Interim Regulations for Trademark Registration" and other knowledge The property rights regulations have made a preliminary exploration on the implementation of the patent and trademark system. However, in the planned economic era of the next 30 years, the construction of China's intellectual property system was basically blank.

The turning point came after the Third Plenary Session of the Eleventh Central Committee of the Party in 1978. Against the backdrop of the historical decision of the Communist Party of China to implement reform and opening up, China's intellectual property system has been established and developed along with the reform and opening up, and has its historical inevitability.

In 1980, China Patent Office, the predecessor of the State Intellectual Property Office, was established, and China officially joined the World Intellectual Property Organization this year. In 1982, the 24th meeting of the Standing Committee of the Fifth National People's Congress reviewed and passed the Trademark Law, which was the first in China's intellectual property legislation and marked the beginning of a new stage in China's intellectual property legal system. Of course, as an "exported" intellectual property system, its initial development was by no means smooth. This contradiction is particularly prominent in the process of formulating and implementing the Patent Law.

In fact, as early as 1979, the Patent Law Drafting Group had been established before the China Patent Office. However, the difficulty of drafting the patent law is not only due to time constraints and lack of experience, but also due to the fierce debate brought about by the limitations of the times. At that time, some people thought that China's technological level was low, and the implementation of the patent system had more disadvantages and less benefits. Some even thought that the patent system was incompatible with the socialist system and could not adapt to the national system. It was in this kind of argument that after five carrier waves, adding and deleting twenty-four times, in 1984, Comrade Deng Xiaoping was far-sighted and finalized. He made a decisive decision that "the patent law should be passed early." Development paves the way. On March 12, that year, the Fourth Session of the Standing Committee of the Sixth National People's Congress voted to pass the Patent Law, which came into effect on April 1, 1985.

Since then, as the foundation of the development of the intellectual property cause, the construction of the intellectual property system has entered a "fast lane". After the reform and opening up, China has successively joined many international conventions on intellectual property in the fields of patents, trademarks, copyrights, etc., and has realized the integration of the intellectual property system with international standards in a relatively short period of time. In 1992, China and other relevant countries signed a memorandum of understanding on the protection of intellectual property rights. In order to fulfill its commitments, China has successively revised the Patent Law, Trademark Law, and Copyright Law. Around 2000, in order to meet the provisions of the World Trade Organization's "Trade-Related Aspects of Intellectual Property Rights", China has revised and improved relevant intellectual property legal systems. At present, China has acceded to almost all major international intellectual property conventions, established a comprehensive range of intellectual property laws and regulations, and fully fulfilled its intellectual property protection responsibilities.

On another development track parallel to the establishment of the legal system, the policy system and institutional settings for the development of China's intellectual property undertakings are also constantly being improved. In March 1998, the China Patent Office officially changed its name to the State Intellectual Property Office of China and became a direct agency of the State Council. This is a major measure taken by the Chinese government to strengthen the protection of intellectual property rights, and also marks a new period of development for China's intellectual property cause. Ten years later, on June 5, 2008, with the promulgation of the "National Intellectual Property Strategy Outline", China raised intellectual property rights to a national strategy. Since then, the State Council Executive Meeting has studied the establishment of an inter-ministerial joint meeting system for the implementation of intellectual property strategies, approved the establishment of the National Leading Group to Combat Intellectual Property Infringement and the Production and Sale of Counterfeit and Inferior Commodities, and approved the establishment of an inter-ministerial joint meeting system for the use of genuine software .

Since the 18th National Congress of the Communist Party of China, General Secretary Xi Jinping has made important instructions on intellectual property work many times. Especially since last year, General Secretary Xi Jinping clearly stated that China ’s intellectual property rights have been clearly stated in major occasions such as the Boao Forum for Asia Annual Conference 2018, the first China International Import Expo and other congratulatory letters to the “Belt and Road” high-level IPR conference. The major principled position and important policy orientation in the work pointed out that "strengthening the protection of intellectual property rights is the most important part of improving the property rights protection system and the greatest incentive to improve China's economic competitiveness." It provides fundamental compliance and action guidelines for the development of intellectual property. .

In 2018, the Third Plenary Session of the Nineteenth Central Committee of the Party made a decision to deepen the reform of the party and state institutions, and adopted the "Deepening Party and State Institution Reform Plan", which made a good top-level design for the development of intellectual property. After the National Two Sessions in that year, China established the State Administration for Market Supervision and Administration, reorganized the State Intellectual Property Office, and improved the copyright management system. This not only achieved centralized and unified management of trademarks, patents, and geographical indications of origin, but also realized trademarks and patents. Comprehensive law enforcement.

Today, China is studying and formulating a strategic outline for a powerful country with intellectual property rights for 2035. In the coming period, the strategic goals, strategic ideas and strategic measures of China's intellectual property development have been gradually clarified. A magnificent blueprint is slowly unfolding, which promotes the continuous promotion of China's intellectual property power construction and the implementation of intellectual property strategy. .

Stable footsteps and steady career development

The time indicator was set back to April 1, 1985, which was the first day of the implementation of the Patent Law in New China. A total of five acceptance offices in Beijing, Shanghai, Shenyang, Jinan and Changsha began accepting patent applications from all sides. On the same day, the Chinese Patent Office received a total of 3,455 domestic and foreign patent applications, refreshing the daily application record in the world patent history at that time. However, few people at that time realized that these 3455 patent applications were just a starting point for the development of China's patent undertakings. Thirty-two years later, in 2017, China ’s patents have successively achieved two major breakthroughs of 1 million: First, the number of annual invention patent applications exceeded 1 million, and second, the number of effective invention patents exceeded 1 million, and China has become Has become a veritable intellectual property power.

In fact, this leaps and bounds development in the field of patent creation is just a typical case of China's intellectual property rights creation, protection, and utilization. With the development of China's economy and society, especially when innovation has become the first driving force of economic development, as a basic guarantee and important support for innovation development, the development of China's intellectual property cause has also risen and risen. The leap and the big promotion made a wonderful footnote.

Since the implementation of the Patent Law in 1985, the first one million patent applications in China took 15 years, the second one million applications took 4 years and 2 months, and the third one million applications took 2 years and 3 months The fourth one million pieces took only one year and six months, and the fifth one million pieces took only one year and four months. As of the end of June 2019, the number of domestic (excluding Hong Kong, Macao, and Taiwan) invention patents was 1.74 million, and the number of invention patents per 10,000 population reached 12.5; the number of valid trademark registrations was 22.743, with an average of 5.2 market entities. A valid trademark. At present, the number of international patent applications filed through the Patent Cooperation Treaty and the national trademark registration applications filed through the Madrid Agreement on the International Registration of Trademarks each year ranks second and third in the world, respectively.

It is worth mentioning that, thanks to the continuous optimization of the business environment, foreign entrepreneurs' innovation and entrepreneurship in China have also yielded "fruitful results" of intellectual property rights. According to statistics, as of the end of 2018, China has cumulatively established more than 960,000 foreign-invested enterprises, and actually used foreign capital of 2.1 trillion US dollars. From 2013 to 2018, the total number of foreign applicants applying for invention patents in China exceeded 798,000, an average annual increase of 3.9%; the cumulative number of trademark applications exceeded 1.088 million, an average annual increase of 10.5%, fully reflecting the confidence of foreign investors in the Chinese market.

As mentioned above, on the basis of successively enacting and revising and perfecting laws and regulations such as the Trademark Law, Patent Law, Copyright Law, Anti-Unfair Competition Law, etc., China has further strengthened the protection of intellectual property rights. During this process, China has continuously improved its administrative and judicial protection mechanisms and strengthened the protection of intellectual property rights. Relevant departments have carried out special actions for IPR enforcement for many years in a row to severely crack down on various infringements. China has also explored the establishment of a number of intellectual property courts and a number of intellectual property courts. At the beginning of this year, the Supreme People ’s Court Intellectual Property Court was established to deal with patent and other professional and technical intellectual property civil and administrative appeal cases and intellectual property rights Continue to strengthen.

Domestic surveys show that the social satisfaction of intellectual property protection increased from 63.69 points in 2012 to 76.88 points in 2018, an increase of 13 points; the report of the "Global Innovation Index 2019" released by the World Intellectual Property Organization shows that China ranks first 14; The World Bank's "Business Environment Report 2019" shows that the global ranking of China's business environment has jumped significantly from 78th in 2017 to 46th in 2018. This is a full recognition of China's intellectual property protection.

The upper floors are strong support for economic development

In October 2018, the Hong Kong-Zhuhai-Macao Bridge with a total length of about 55 kilometers was officially opened. This Hong Kong-Zhuhai-Macao Bridge connecting Hong Kong, Zhuhai, and Macao in China once again proved China's outstanding independent innovation capability. But people may not know that behind this bridge, more than 300 research projects have been carried out, 31 innovative construction methods, 13 innovative software, 31 innovative equipment, 3 innovative products, and submitted 454 patent applications-although It is just a bridge, but it shows that China has made comprehensive breakthroughs in technology, equipment, and technological innovation capabilities in the construction of ultra-large transportation infrastructure, forming a core technology with independent intellectual property rights.

Chang'e went to heaven to stretch wide sleeves, and Jiaolong dived into the deep sea. From distant outer space to the deep underwater world, along with China's economic and social development, intellectual property rights have also played an increasingly important role in major scientific and technological innovations, major national economic and people's livelihood projects, and have provided strong support for economic development. Among them, intellectual property not only gave some traditional industries new vitality and formed new competitive advantages, but also formed intellectual property-intensive industries in some strategic emerging fields. The role of intellectual property in promoting industrial development is increasingly prominent.

Patent navigation work can be said to be a vivid practice in which intellectual property rights strongly support economic development. At present, China has carried out patent navigation pilot work in 17 parks, 13 industry associations and 115 enterprises, and has established 91 strategic emerging areas around high-end equipment manufacturing, new energy and new materials, biomedicine, energy conservation and environmental protection, etc. An industrial intellectual property alliance, through the comprehensive use of market information, patent analysis and other means, grasp the industry's intellectual property layout and competition situation. Taking Suzhou Industrial Park, the first batch of national patent navigation industry development experimental areas in China as an example, a good situation has been formed in which the patent layout is a strong guarantee for the competitive position of the nano industry, and the patent creation is highly matched with the nano industry innovation ability. Through in-depth mining and comprehensive analysis of patent data information of related industries, it helps enterprises, industries and localities to understand and master the patent layout and market competition situation of related industries, clarify the development direction, optimize the development path, actively avoid risks, and improve the quality and efficiency of development .

There are too many such cases. Over the years, intellectual property-intensive industries have been cultivated and strengthened, which has effectively promoted economic and social development. China's patent-intensive industries have achieved a total profit of 2.6 trillion yuan, an increase of 10.1% year-on-year, and have become an important support for industrial transformation and upgrading; the output value of geographical indication products exceeds 1 trillion yuan, effectively supporting special industries and targeted poverty alleviation; patents, The total scale of annual pledge financing for trademarks and copyrights exceeds 100 billion yuan, effectively alleviating the financing difficulties of SMEs. China has developed and mastered and successfully applied a number of core technologies of independent intellectual property rights in many fields, accelerating the transformation of Chinese manufacturing to Chinese creation, Chinese speed to Chinese quality, and Chinese products to Chinese brands.

The report of the 19th National Congress of the Communist Party of China clearly pointed out that China's economy has shifted from a stage of rapid growth to a stage of high-quality development. At present, China's economic development has entered a new normal, and intellectual property has become an important strategic resource for the high-quality development of China's economy. As China's economic development shifts from "emphasis on quantity" to "improving quality", from "scale expansion" to "structural upgrade", from "factor-driven" to "innovation-driven", intellectual property will release greater momentum for development.

Seventy springs and autumns are in high spirits, and they dream together to start a new journey. On the 70th anniversary of the founding of the People's Republic of China, we lament the prosperity of the great motherland, and we also lament that the cause of intellectual property rights continues to grow with the strength of the motherland. Today, we have begun another great new journey. We have reason to believe that from 2020 to 2035, after 15 years of hard work, our country will basically become a strong country of intellectual property rights, making China's intellectual property creation, use, protection, management and service among the international advanced, let intellectual property become the driving It is a strong driving force for innovation and development and support for expanding opening up. From 2035 to the middle of this century, for another 15 years, we will fully build a world-leading intellectual property power with Chinese characteristics, make China's intellectual property creation, application, protection, management and service take the lead in the world and make intellectual property an economy Social development has strong technology and institutional supply.