Interpretation of ＂Five-year Construction Drawing＂ of National Intellectual Property Cause

Xinhua News Agency, Beijing, November 1st Title: Interpretation of "Five-year Construction Drawings" of National Intellectual Property Undertakings

Xinhua News Agency reporters Wang Linlin and Zhang Quan

Recently, the "14th Five-Year Plan for the Protection and Utilization of National Intellectual Property Rights" was officially issued, which is a concrete "construction drawing" for the development of intellectual property rights in the first five years of China’s comprehensive new journey of building a strong intellectual property country.

What are the goals and priorities of China’s intellectual property development during the "14th Five-Year Plan" period? How to plan the layout to promote the creation, transformation, application and protection of intellectual property rights? On the 1st, the State Council held a routine briefing on the State Council policy for a special interpretation.

Clarify eight expected quantitative indicators to form an overall pattern of "creation+application+protection"

"The plan defines the" four new "goals of intellectual property protection to a new level, new achievements in application, new level of service and new breakthroughs in international cooperation during the 14 th Five-Year Plan period, and puts forward eight expected indicators to ensure that the phased objectives and tasks of building a strong intellectual property country are completed as scheduled." China National Intellectual Property Administration director Shen Changyu said.

The expected quantitative indicators specifically include: the number of high-value invention patents per 10,000 population reaches 12, the number of overseas invention patents authorized reaches 90,000, the registered amount of intellectual property pledge financing reaches 320 billion yuan, the total annual import and export volume of intellectual property royalties reaches 350 billion yuan, the added value of patent-intensive industries accounts for 13% of GDP, the added value of copyright industries accounts for 7.5% of GDP, the social satisfaction of intellectual property protection reaches 82 points, and the rate of judgment and interest litigation in intellectual property civil first-instance cases reaches 85%.

"Compared with the 13th Five-Year Plan period, the main indicator system of intellectual property rights in the 14th Five-Year Plan has extended 2 indicators, improved 3 indicators and added 3 indicators, forming an overall pattern of" creation+application+protection ". The most important feature is that it reflects quality and value orientation. " Ge Shu, Director of China National Intellectual Property Administration Strategic Planning Department, introduced.

From the specific analysis, the index of "the number of high-value invention patents per 10,000 population" focuses on "high value", which is conducive to guiding the transformation of patents from pursuing quantity to improving quality. The number of overseas invention patents granted reflects the distribution of overseas patents in China, replacing the index of PCT patent applications in the 13th Five-Year Plan period, and changing from measuring the number of applications to measuring the number of patents granted, which can better reflect the quality of innovation.

Focus on outstanding issues and emerging challenges, and make overall plans to promote the transformation and application of intellectual property rights.

In recent years, the problem of low patent implementation rate in universities and scientific research institutions is more prominent, and one of the important reasons is the weak willingness to transform and the restriction of institutional mechanisms. "During the Tenth Five-Year Plan period, the key to improving the effectiveness of intellectual property transfer and transformation is to solve the problems of’ not wanting to transfer’ and’ not being able to transfer’ between innovation subjects and market subjects." Lei Xiaoyun, director of China National Intellectual Property Administration Intellectual Property Promotion Department, said.

To this end, the plan has made a series of important arrangements to further promote the reform of the distribution of state-owned intellectual property rights, improve the intangible assets evaluation system, fully give universities and research institutes the autonomy to dispose of intellectual property rights, promote the establishment of an income distribution mechanism for intellectual property rights transformation with equal rights and obligations, and improve the decision-making mechanism for intellectual property rights transfer and transformation of state-owned enterprises and institutions.

"In the next step, China National Intellectual Property Administration will solve the problem of intellectual property transfer and transformation with greater efforts." Lei Xiaoyun said.

The COVID-19 epidemic has accelerated the development of digital economy, and at the same time, it has put forward higher requirements for intellectual property protection in the digital field. "In order to make the digital economy stable and far-reaching, we must solve the property right problem of data as a new factor of production. Only in this way can data flow reasonably, make full use of it and protect it efficiently, which requires a good system design." Shen Changyu said.

He introduced that China National Intellectual Property Administration will start to strengthen the protection of intellectual property rights in emerging fields: First, improve the patent examination rules for new fields and new formats such as the Internet, big data and artificial intelligence, and improve the relevant intellectual property transfer and transformation mechanism; The second is to promote the implementation of data intellectual property protection projects and accelerate the construction of data intellectual property protection rules; The third is to promote the integrated development of online and offline intellectual property protection, and to deal with the problems of various infringements in the information age, such as frequent occurrence, rapid occurrence, rapid disappearance and easy loss of evidence.

Zhang Zhicheng, Director of the Intellectual Property Protection Department of China National Intellectual Property Administration, said that China National Intellectual Property Administration will explore the rules for data intellectual property protection, give consideration to intellectual property protection in both traditional fields and new formats, innovate and optimize the protection rules, improve the working system, deepen the pilot demonstration, focus on preventing overseas risks, actively promote the construction of a large-scale protection work pattern, and effectively stimulate the vitality of innovation.

Promote opening to the outside world in a wider scope, in a wider field and at a deeper level.

"A new breakthrough in international cooperation in intellectual property rights" is one of the main goals proposed in the plan. How will international cooperation and competition in the field of intellectual property be promoted as a whole during the 14 th Five-Year Plan period?

Gan Shaoning, deputy director of China National Intellectual Property Administration, said that he will actively participate in global governance of intellectual property rights, actively participate in improving the international rules system of intellectual property rights, and actively promote multilateral and bilateral negotiations on intellectual property rights related to economy and trade.

Specifically, it includes: strengthening cooperation and consultation with the World Intellectual Property Organization, promoting the improvement of international rules and standards such as intellectual property rights and related international trade and investment, studying and participating in the formulation of international rules and standards for intellectual property rights in new fields and new formats, properly coping with international disputes over intellectual property rights, and rationally setting intellectual property issues in relevant negotiations.

In addition, in order to better safeguard the legitimate rights and interests of Chinese enterprises overseas, Gan Shaoning introduced that according to the planned deployment, overseas IPR protection assistance will be strengthened, insurance institutions will be encouraged to carry out overseas IPR infringement insurance business, foreign trade IPR protection projects will be implemented, and international law enforcement cooperation channels to combat IPR infringement crimes will be expanded. Establish a customs cross-border cooperation mechanism.