The 7600-character, rather macroscopic Outline of the National Intellectual Property Strategy specifies the direction of China's intellectual property legislation, law enforcement, and administrative Management System reform.
Tian Lipu, director of the State Intellectual Property Office, said in an interview with reporters recently that "a total of 65 "strategic outlines" issued by the State Council recently showed very realistically that any unbalanced development focusing on a certain link is not our choice. The Chinese judge the situation, Pursue to become a country with a high level of intellectual property creation, use, protection and management."
Facing the status quo of "internal and external troubles" Tian Lipu told reporters that the preface to the "strategic outline" is about the situation at home and abroad.
From the international situation, after China's accession to the WTO, China's influence on the world market is growing, and intellectual property rights have become one of the major problems in China's foreign trade friction.
The United States not only resorted to the WTO dispute settlement mechanism in China, but also frequently used intellectual property related legal provisions to investigate and sue Chinese enterprises to prevent Chinese products from entering the US market. For example, the “337 investigation†was launched. Now, China has become suffering. The country with the most “337 investigations†in the United States has become the biggest victim of the “337 investigationâ€; the EU is not far behind. In the EU’s new trade strategy, intellectual property issues are regarded as the top priority, and they frequently waved intellectual property rights. The trade bar, which is not issued, is in exchange for China’s concessions on market access; Japan also makes full use of intellectual property issues to achieve the purpose of obtaining trade benefits.
Intellectual property rights have become an important national development and competition strategy adopted by developed countries. Developed countries continue to strengthen intellectual property protection from different angles of policy, economy, law, etc., and take advantage of advanced technology and intellectual property rights to formulate various technical standards, raise the threshold for market access, maintain technological monopoly status, and obtain excess profits. .
Judging from the current situation in China, at present, China's foreign technology dependence is more than 50%. Chinese enterprises generally do not have an intellectual property system. The innovation capability of enterprises is not strong, and the number of enterprises with independent intellectual property rights is small. According to incomplete statistics, at present, only 10% of enterprises with independent intellectual property rights in China have obtained authorized patents, and only 0.17% of them have obtained invention patents.
As far as the quality of corporate patent applications is concerned, the inventions and creations undertaken by Chinese enterprises are mostly improved inventions, lacking basic or original invention patents, and invention patents are mainly concentrated in the fields of traditional Chinese medicine, soft drinks, food, Chinese character input methods, etc. Foreign patent applications are mainly concentrated in high-tech fields such as mobile communications, semiconductors, genetic engineering, and television systems. In addition, China has only 40% of its own trademarks, and there are very few well-known trademarks.
Relevant persons said that Chinese enterprises are facing a crisis of survival of "internal and external troubles" in intellectual property rights. Internal worries mean that Chinese enterprises lack historical accumulation in technological innovation. The intellectual property rights of core technologies are still subject to people. Major equipment and basic software still rely on imports, such as 100% of optical fiber manufacturing equipment, 85% of integrated cable manufacturing equipment, and petrochemical manufacturing equipment. 80%, 70% of digital machine tools and 95% of medical equipment are imported. Foreign countries, to a large extent, refer to the intellectual property disputes that Chinese companies face after joining the WTO. From DVDs, mobile phones, digital cameras to cars, motorcycles, and lighters, it is no longer a new thing for foreign companies to wave their intellectual property to Chinese companies.
"In response to such a situation, we must use a higher position, use the world's vision, and scientifically and systematically plan the direction, strategy and road of the development of China's intellectual property industry. Only in this way can we turn the challenges we face into development. Opportunity," Tian Lipu said.
The long-term strategic goal of the "Strategic Outline" is to build China into a country with a high level of intellectual property creation, utilization, protection and management by 2020.
Legislative protection in the field of strength should speed up three of the five strategic priorities of the “strategic outlineâ€, namely, improving the intellectual property system, strengthening intellectual property protection and preventing the abuse of intellectual property rights, all directly related to legislative issues.
It is understood that since the end of the 1970s, China has successively promulgated laws and regulations on intellectual property rights such as trademark law, patent law, copyright law, anti-unfair competition law and computer software protection regulations, and information network communication rights protection regulations. And joined a series of international intellectual property rights conventions. At present, the system of intellectual property laws and regulations that conforms to internationally accepted rules, comparative systems, and completeness has basically taken shape. However, for our long term—traditional knowledge, genetic resources, biodiversity, geographical indications, folklore, etc., there is insufficient legislation and lack of protection.
For example, China is one of the countries with the richest genetic resources in the world. However, due to the lack of relevant legislation and mechanisms, China is also an important region for developed countries to pluck biological genetic resources.
Soybean is native to China, and more than 90% of the world's wild soybean resources are distributed in China. Monsanto Company of the United States has used the wild soybean varieties in China to find “marker genes†closely related to controlling high-yield traits of soybeans, and proposed 64 patent protection applications to 100 countries including China. The scope of the application covers all soybeans and their progeny containing these "marker genes", breeding methods with associated high-yield traits, and all crops that introduce the "marker gene".
According to reports, the exact amount of loss of biological genetic resources in China is difficult to count. A rough estimate is that the ratio of introduction to output is 1:10.
"To fully strengthen the protection of intellectual property rights in China's advantageous areas, legislation should accelerate and accelerate." According to Tian Lipu, the revision of the Patent Law is expected to be submitted to the National People's Congress this year.
Fu Shuangjian, deputy director of the State Administration for Industry and Commerce, said that a new round of trademark law revision has also begun, and plans to produce the first draft at the end of the year.
"The revision of the Copyright Law has not yet started, but the National Copyright Administration considers it necessary to further improve the Copyright Law," said Xu Chao, deputy director of the Copyright Administration Department of the National Copyright Administration.
Regarding the intellectual property legislation of China, Zhang Jianhua, director of the Science, Education, Culture, Law and Legal Department of the Legislative Affairs Office of the State Council, said that intellectual property legislation should be based on the reality of China's economic and social development, serve the country's economic and social development strategy; adhere to me and fulfill its international obligations; Improve legislation, encourage innovation, promote the use of intellectual property rights, and ensure the security of intellectual property rights in foreign exchanges; determine the level of intellectual property protection in different fields according to the situation, strengthen the protection of intellectual property rights in China's advantageous areas, and adhere to the international minimum protection standards in some disadvantaged areas. Just go; protect intellectual property rights while opposing intellectual property abuse.
Zhang Jianhua said that foreign intellectual property legislation provides some inspiration for our legislative work.
According to reports, developed countries have fully emphasized the protection of intellectual property rights in their dominant areas, the level of protection is inconsistent, the high protection with advantages, the low protection without advantages; these countries have always emphasized the balance of the intellectual property system, only for developing countries, especially For China, we emphasize protection, not to prevent abuse; they are also good at starting system construction at both international and domestic levels, and promoting intellectual property protection in advantageous areas becomes an international rule.
According to reports, in view of the patent law currently being revised in China, the disclosure of genetic resources is proposed as a statutory clause. Some developed countries claim that “there should be international law and domestic law firstâ€, while at the international level, they say, “for genetic resources, The protection of traditional knowledge should be preceded by domestic law and international law." Analysts pointed out that they are reluctant to see that their non-dominant areas are protected by intellectual property rights.
The "strategic outline" is clear. China's geographical indications, traditional knowledge, genetic resources and folk literature and art face a common task, which is to improve the system and strengthen protection. A rational benefit-sharing mechanism for genetic resources, traditional knowledge and folklore should be established. This means that some intellectual property legislation protections that have a dominant position in China will accelerate. It is understood that the "Intangible Cultural Heritage Protection Law" is currently under development.
Judicial dominance does not mean that the administrative fading out of the "strategic outline" Article 9 proposes: "Improve the enforcement and management system of intellectual property rights. Strengthen the judicial protection system and the construction of administrative law enforcement systems, and play a leading role in judicial protection of intellectual property rights." Analysts pointed out that this is obviously Inconsistent with the intellectual property protection model of “two ways and parallel operation†of administrative protection and judicial protection in China in the past, does this mean that administrative protection will be weakened or faded out?
Tian Lipu said: "I personally think that the 'strategic outline' indicates the development direction of intellectual property protection. This does not mean that the current administrative law enforcement is weakened or faded out."
It is understood that academic circles have always had a dispute over the protection model of intellectual property rights: one view is that the combination of administrative protection and judicial protection is in line with China's current situation and can reflect the principle of fairness and benefit. Another view is that knowledge The property rights protection government should not rush to make a big move, so that the immobile developed countries accuse the Chinese government of protecting intellectual property rights. Intellectual property rights are private rights, and private rights disputes are better resolved through judicial channels.
Tian Lipu does not believe that intellectual property is a purely private right. He said: "I personally believe that intellectual property rights are private rights with public rights and have certain public power characteristics. Therefore, without the intervention of public power, such private rights protection is very difficult. The most typical is copyright, now It is too easy to copy the work, and it is group-based. It is almost impossible for the copyright owner to sue one by one."
He emphasized that "playing the leading role of judicial protection of intellectual property rights" is the direction. At this stage, the administrative enforcement of intellectual property rights should continue to be strengthened, at least to maintain the current status quo, otherwise intellectual property protection is likely to be weakened. After all, judicial protection emphasizes fairness and efficiency is second, while administrative protection emphasizes efficiency, and intangible asset protection requires efficiency most. The "Article 337" of the United States is typical of strong administrative enforcement in developed countries.
The "Strategic Outline" has little to do with the reform of China's intellectual property administrative system. There is only one sentence: "Deepening the reform of the intellectual property administrative system, forming an intellectual property administrative system with consistent powers and responsibilities, reasonable division of labor, scientific decision-making, smooth implementation, and strong supervision. ."
Tian Lipu believes: "Although not much is said, it gives direction. From an international perspective, the intellectual property management system is basically a centralized management model. China has decentralized management due to historical reasons. When is it smooth and how to straighten out It will be open in the future."
As we all know, the dispersion of China's intellectual property administrative agencies is rare in the world. There are nearly 10 departments with direct management rights, and there are more than 20 administrative departments closely related to intellectual property rights.
According to reports, the status quo of "Duolongzhishui" is related to the characteristics of intellectual property rights. It is also related to the lack of overall planning and the lack of overall planning in the process of establishing China's intellectual property system. "This situation is not conducive to the mutual cooperation and formation of various intellectual property management resources, which is not conducive to the full play of the role of the intellectual property system," said Professor Li Shunde, a doctoral tutor at the Institute of Law of the Chinese Academy of Social Sciences.
According to the "Notice of the State Council on the Establishment of the Coordination and Coordination Body" issued by the General Office of the State Council this year, the National Intellectual Property Strategy Development Leading Group and the National IPR Protection Working Group were revoked, and their work functions were undertaken by the State Intellectual Property Office. Authorities point out that this shows that centralized intellectual property management is a trend.
Compared with the difficulties in the reform of the intellectual property administrative system, the “strategic outline†is very clear on improving the intellectual property trial system.
For example, optimizing the allocation of trial resources, simplifying the relief procedures; studying the establishment of specialized intellectual property courts that uniformly accept civil, administrative, and criminal cases of intellectual property rights; studying the jurisdictional jurisdiction of technically strong cases such as patents, and exploring the establishment of intellectual property appeal courts. Wait.
According to reports, at present, China's court system has been in Beijing and other local courts, and the pilot IPR cases are uniformly handled by specialized intellectual property courts. Some experts believe that changing the status quo of intellectual property cases handled by administrative courts, civil courts and criminal courts is estimated to be faster than the establishment of an intellectual property appeal court. The main consideration for the establishment of an intellectual property appeal court is to focus on technical intellectual property cases. According to relevant sources, there are two opinions on the establishment of the Court of Appeal. One proposal is to establish five IPR courts in the whole country, and there is another opinion that it is possible to set up one in Beijing.
The deliberation system for major economic activities is very practical in the “strategic outlineâ€, and “establishing and improving the intellectual property review system for major economic activities†is generally considered to be a very practical requirement.
This requirement is crucial for both government and business. Before putting into production of major projects, setting up research and development projects, and conducting market development, we must fully consider the intellectual property issues that may be encountered. Otherwise, a lot of money will be invested, disputes will arise, and losses cannot be remedied.
In the late 1990s, an environmental protection research institute in Sichuan Province invested a total of 25 million yuan in research funding for four years, and developed a technology that Japanese companies have applied for patents on the same technology in China, wasting a lot of manpower, material resources and financial resources;
In the 21st century, Cisco v. Huawei's case was a sensation. Although the two eventually reached a settlement, it seriously affected the reputation and sales of Huawei products in the United States. At the time, when Huawei explored the international market, it did not fully analyze the patent system of the exporting country. .
A recent shocking example is the micro hard drive in Guizhou.
Using a wide range of micro hard disk technology, its patents were originally owned by IBM in the United States, with hundreds of items. After IBM divested the entire hard disk production, hundreds of micro hard disk patents were transferred to Hitachi, Japan. Hitachi became the owner of the patented technology for the global micro hard drive.
A few years ago, some American Chinese, who worked at IBM, were engaged in micro hard drives. They wanted to go to China to produce and find Guizhou. One of them, the technical leader, patted his chest and said that the technology was invented by us, no problem.
But they are inventors who are not rights holders. The inventor has the right to reputation and the right holder has the patent right. At that time, Guizhou Provincial Intellectual Property Office discovered this problem. He felt that things were embarrassing, did research, found risks, and entrusted the State Intellectual Property Office to search and verify. As a result, he found that this project could not be done and would face great litigation risks. Despite the warning from the intellectual property department, the project was put into production. When Guizhou took the product to the exhibition at the Las Vegas Electronics Show, it was immediately sued by Hitachi and was completely banned.
China's DVD industry has suffered heavy losses, and it is also an intellectual property defense line that has not taken the lead of others.
Tian Lipu said: "Our national-level projects are many and cannot go to other people's mines. Now HDTV has to set standards, first of all to solve intellectual property problems. This standard is indispensable, involving hundreds of billions of output value, if knowledge occurs. Property issues, things are troublesome, and the industry is subject to people. High-tech projects must especially understand intellectual property issues. The ministries and commissions of the State Council, such as the Ministry of Science and Technology, the National Development and Reform Commission, etc., have a high understanding of this."
Tian Lipu, director of the State Intellectual Property Office, said in an interview with reporters recently that "a total of 65 "strategic outlines" issued by the State Council recently showed very realistically that any unbalanced development focusing on a certain link is not our choice. The Chinese judge the situation, Pursue to become a country with a high level of intellectual property creation, use, protection and management."
Facing the status quo of "internal and external troubles" Tian Lipu told reporters that the preface to the "strategic outline" is about the situation at home and abroad.
From the international situation, after China's accession to the WTO, China's influence on the world market is growing, and intellectual property rights have become one of the major problems in China's foreign trade friction.
The United States not only resorted to the WTO dispute settlement mechanism in China, but also frequently used intellectual property related legal provisions to investigate and sue Chinese enterprises to prevent Chinese products from entering the US market. For example, the “337 investigation†was launched. Now, China has become suffering. The country with the most “337 investigations†in the United States has become the biggest victim of the “337 investigationâ€; the EU is not far behind. In the EU’s new trade strategy, intellectual property issues are regarded as the top priority, and they frequently waved intellectual property rights. The trade bar, which is not issued, is in exchange for China’s concessions on market access; Japan also makes full use of intellectual property issues to achieve the purpose of obtaining trade benefits.
Intellectual property rights have become an important national development and competition strategy adopted by developed countries. Developed countries continue to strengthen intellectual property protection from different angles of policy, economy, law, etc., and take advantage of advanced technology and intellectual property rights to formulate various technical standards, raise the threshold for market access, maintain technological monopoly status, and obtain excess profits. .
Judging from the current situation in China, at present, China's foreign technology dependence is more than 50%. Chinese enterprises generally do not have an intellectual property system. The innovation capability of enterprises is not strong, and the number of enterprises with independent intellectual property rights is small. According to incomplete statistics, at present, only 10% of enterprises with independent intellectual property rights in China have obtained authorized patents, and only 0.17% of them have obtained invention patents.
As far as the quality of corporate patent applications is concerned, the inventions and creations undertaken by Chinese enterprises are mostly improved inventions, lacking basic or original invention patents, and invention patents are mainly concentrated in the fields of traditional Chinese medicine, soft drinks, food, Chinese character input methods, etc. Foreign patent applications are mainly concentrated in high-tech fields such as mobile communications, semiconductors, genetic engineering, and television systems. In addition, China has only 40% of its own trademarks, and there are very few well-known trademarks.
Relevant persons said that Chinese enterprises are facing a crisis of survival of "internal and external troubles" in intellectual property rights. Internal worries mean that Chinese enterprises lack historical accumulation in technological innovation. The intellectual property rights of core technologies are still subject to people. Major equipment and basic software still rely on imports, such as 100% of optical fiber manufacturing equipment, 85% of integrated cable manufacturing equipment, and petrochemical manufacturing equipment. 80%, 70% of digital machine tools and 95% of medical equipment are imported. Foreign countries, to a large extent, refer to the intellectual property disputes that Chinese companies face after joining the WTO. From DVDs, mobile phones, digital cameras to cars, motorcycles, and lighters, it is no longer a new thing for foreign companies to wave their intellectual property to Chinese companies.
"In response to such a situation, we must use a higher position, use the world's vision, and scientifically and systematically plan the direction, strategy and road of the development of China's intellectual property industry. Only in this way can we turn the challenges we face into development. Opportunity," Tian Lipu said.
The long-term strategic goal of the "Strategic Outline" is to build China into a country with a high level of intellectual property creation, utilization, protection and management by 2020.
Legislative protection in the field of strength should speed up three of the five strategic priorities of the “strategic outlineâ€, namely, improving the intellectual property system, strengthening intellectual property protection and preventing the abuse of intellectual property rights, all directly related to legislative issues.
It is understood that since the end of the 1970s, China has successively promulgated laws and regulations on intellectual property rights such as trademark law, patent law, copyright law, anti-unfair competition law and computer software protection regulations, and information network communication rights protection regulations. And joined a series of international intellectual property rights conventions. At present, the system of intellectual property laws and regulations that conforms to internationally accepted rules, comparative systems, and completeness has basically taken shape. However, for our long term—traditional knowledge, genetic resources, biodiversity, geographical indications, folklore, etc., there is insufficient legislation and lack of protection.
For example, China is one of the countries with the richest genetic resources in the world. However, due to the lack of relevant legislation and mechanisms, China is also an important region for developed countries to pluck biological genetic resources.
Soybean is native to China, and more than 90% of the world's wild soybean resources are distributed in China. Monsanto Company of the United States has used the wild soybean varieties in China to find “marker genes†closely related to controlling high-yield traits of soybeans, and proposed 64 patent protection applications to 100 countries including China. The scope of the application covers all soybeans and their progeny containing these "marker genes", breeding methods with associated high-yield traits, and all crops that introduce the "marker gene".
According to reports, the exact amount of loss of biological genetic resources in China is difficult to count. A rough estimate is that the ratio of introduction to output is 1:10.
"To fully strengthen the protection of intellectual property rights in China's advantageous areas, legislation should accelerate and accelerate." According to Tian Lipu, the revision of the Patent Law is expected to be submitted to the National People's Congress this year.
Fu Shuangjian, deputy director of the State Administration for Industry and Commerce, said that a new round of trademark law revision has also begun, and plans to produce the first draft at the end of the year.
"The revision of the Copyright Law has not yet started, but the National Copyright Administration considers it necessary to further improve the Copyright Law," said Xu Chao, deputy director of the Copyright Administration Department of the National Copyright Administration.
Regarding the intellectual property legislation of China, Zhang Jianhua, director of the Science, Education, Culture, Law and Legal Department of the Legislative Affairs Office of the State Council, said that intellectual property legislation should be based on the reality of China's economic and social development, serve the country's economic and social development strategy; adhere to me and fulfill its international obligations; Improve legislation, encourage innovation, promote the use of intellectual property rights, and ensure the security of intellectual property rights in foreign exchanges; determine the level of intellectual property protection in different fields according to the situation, strengthen the protection of intellectual property rights in China's advantageous areas, and adhere to the international minimum protection standards in some disadvantaged areas. Just go; protect intellectual property rights while opposing intellectual property abuse.
Zhang Jianhua said that foreign intellectual property legislation provides some inspiration for our legislative work.
According to reports, developed countries have fully emphasized the protection of intellectual property rights in their dominant areas, the level of protection is inconsistent, the high protection with advantages, the low protection without advantages; these countries have always emphasized the balance of the intellectual property system, only for developing countries, especially For China, we emphasize protection, not to prevent abuse; they are also good at starting system construction at both international and domestic levels, and promoting intellectual property protection in advantageous areas becomes an international rule.
According to reports, in view of the patent law currently being revised in China, the disclosure of genetic resources is proposed as a statutory clause. Some developed countries claim that “there should be international law and domestic law firstâ€, while at the international level, they say, “for genetic resources, The protection of traditional knowledge should be preceded by domestic law and international law." Analysts pointed out that they are reluctant to see that their non-dominant areas are protected by intellectual property rights.
The "strategic outline" is clear. China's geographical indications, traditional knowledge, genetic resources and folk literature and art face a common task, which is to improve the system and strengthen protection. A rational benefit-sharing mechanism for genetic resources, traditional knowledge and folklore should be established. This means that some intellectual property legislation protections that have a dominant position in China will accelerate. It is understood that the "Intangible Cultural Heritage Protection Law" is currently under development.
Judicial dominance does not mean that the administrative fading out of the "strategic outline" Article 9 proposes: "Improve the enforcement and management system of intellectual property rights. Strengthen the judicial protection system and the construction of administrative law enforcement systems, and play a leading role in judicial protection of intellectual property rights." Analysts pointed out that this is obviously Inconsistent with the intellectual property protection model of “two ways and parallel operation†of administrative protection and judicial protection in China in the past, does this mean that administrative protection will be weakened or faded out?
Tian Lipu said: "I personally think that the 'strategic outline' indicates the development direction of intellectual property protection. This does not mean that the current administrative law enforcement is weakened or faded out."
It is understood that academic circles have always had a dispute over the protection model of intellectual property rights: one view is that the combination of administrative protection and judicial protection is in line with China's current situation and can reflect the principle of fairness and benefit. Another view is that knowledge The property rights protection government should not rush to make a big move, so that the immobile developed countries accuse the Chinese government of protecting intellectual property rights. Intellectual property rights are private rights, and private rights disputes are better resolved through judicial channels.
Tian Lipu does not believe that intellectual property is a purely private right. He said: "I personally believe that intellectual property rights are private rights with public rights and have certain public power characteristics. Therefore, without the intervention of public power, such private rights protection is very difficult. The most typical is copyright, now It is too easy to copy the work, and it is group-based. It is almost impossible for the copyright owner to sue one by one."
He emphasized that "playing the leading role of judicial protection of intellectual property rights" is the direction. At this stage, the administrative enforcement of intellectual property rights should continue to be strengthened, at least to maintain the current status quo, otherwise intellectual property protection is likely to be weakened. After all, judicial protection emphasizes fairness and efficiency is second, while administrative protection emphasizes efficiency, and intangible asset protection requires efficiency most. The "Article 337" of the United States is typical of strong administrative enforcement in developed countries.
The "Strategic Outline" has little to do with the reform of China's intellectual property administrative system. There is only one sentence: "Deepening the reform of the intellectual property administrative system, forming an intellectual property administrative system with consistent powers and responsibilities, reasonable division of labor, scientific decision-making, smooth implementation, and strong supervision. ."
Tian Lipu believes: "Although not much is said, it gives direction. From an international perspective, the intellectual property management system is basically a centralized management model. China has decentralized management due to historical reasons. When is it smooth and how to straighten out It will be open in the future."
As we all know, the dispersion of China's intellectual property administrative agencies is rare in the world. There are nearly 10 departments with direct management rights, and there are more than 20 administrative departments closely related to intellectual property rights.
According to reports, the status quo of "Duolongzhishui" is related to the characteristics of intellectual property rights. It is also related to the lack of overall planning and the lack of overall planning in the process of establishing China's intellectual property system. "This situation is not conducive to the mutual cooperation and formation of various intellectual property management resources, which is not conducive to the full play of the role of the intellectual property system," said Professor Li Shunde, a doctoral tutor at the Institute of Law of the Chinese Academy of Social Sciences.
According to the "Notice of the State Council on the Establishment of the Coordination and Coordination Body" issued by the General Office of the State Council this year, the National Intellectual Property Strategy Development Leading Group and the National IPR Protection Working Group were revoked, and their work functions were undertaken by the State Intellectual Property Office. Authorities point out that this shows that centralized intellectual property management is a trend.
Compared with the difficulties in the reform of the intellectual property administrative system, the “strategic outline†is very clear on improving the intellectual property trial system.
For example, optimizing the allocation of trial resources, simplifying the relief procedures; studying the establishment of specialized intellectual property courts that uniformly accept civil, administrative, and criminal cases of intellectual property rights; studying the jurisdictional jurisdiction of technically strong cases such as patents, and exploring the establishment of intellectual property appeal courts. Wait.
According to reports, at present, China's court system has been in Beijing and other local courts, and the pilot IPR cases are uniformly handled by specialized intellectual property courts. Some experts believe that changing the status quo of intellectual property cases handled by administrative courts, civil courts and criminal courts is estimated to be faster than the establishment of an intellectual property appeal court. The main consideration for the establishment of an intellectual property appeal court is to focus on technical intellectual property cases. According to relevant sources, there are two opinions on the establishment of the Court of Appeal. One proposal is to establish five IPR courts in the whole country, and there is another opinion that it is possible to set up one in Beijing.
The deliberation system for major economic activities is very practical in the “strategic outlineâ€, and “establishing and improving the intellectual property review system for major economic activities†is generally considered to be a very practical requirement.
This requirement is crucial for both government and business. Before putting into production of major projects, setting up research and development projects, and conducting market development, we must fully consider the intellectual property issues that may be encountered. Otherwise, a lot of money will be invested, disputes will arise, and losses cannot be remedied.
In the late 1990s, an environmental protection research institute in Sichuan Province invested a total of 25 million yuan in research funding for four years, and developed a technology that Japanese companies have applied for patents on the same technology in China, wasting a lot of manpower, material resources and financial resources;
In the 21st century, Cisco v. Huawei's case was a sensation. Although the two eventually reached a settlement, it seriously affected the reputation and sales of Huawei products in the United States. At the time, when Huawei explored the international market, it did not fully analyze the patent system of the exporting country. .
A recent shocking example is the micro hard drive in Guizhou.
Using a wide range of micro hard disk technology, its patents were originally owned by IBM in the United States, with hundreds of items. After IBM divested the entire hard disk production, hundreds of micro hard disk patents were transferred to Hitachi, Japan. Hitachi became the owner of the patented technology for the global micro hard drive.
A few years ago, some American Chinese, who worked at IBM, were engaged in micro hard drives. They wanted to go to China to produce and find Guizhou. One of them, the technical leader, patted his chest and said that the technology was invented by us, no problem.
But they are inventors who are not rights holders. The inventor has the right to reputation and the right holder has the patent right. At that time, Guizhou Provincial Intellectual Property Office discovered this problem. He felt that things were embarrassing, did research, found risks, and entrusted the State Intellectual Property Office to search and verify. As a result, he found that this project could not be done and would face great litigation risks. Despite the warning from the intellectual property department, the project was put into production. When Guizhou took the product to the exhibition at the Las Vegas Electronics Show, it was immediately sued by Hitachi and was completely banned.
China's DVD industry has suffered heavy losses, and it is also an intellectual property defense line that has not taken the lead of others.
Tian Lipu said: "Our national-level projects are many and cannot go to other people's mines. Now HDTV has to set standards, first of all to solve intellectual property problems. This standard is indispensable, involving hundreds of billions of output value, if knowledge occurs. Property issues, things are troublesome, and the industry is subject to people. High-tech projects must especially understand intellectual property issues. The ministries and commissions of the State Council, such as the Ministry of Science and Technology, the National Development and Reform Commission, etc., have a high understanding of this."
Ethernet power supply system is referred to as POE power supply, which consists of Ethernet power supply equipment and Ethernet power equipment. It can transmit data and provide DC power supply to client equipment only through one Ethernet cable, without the need for additional wiring.Gigabit POE Switches are divided into managed and non-managed POE switches ,non-standard POE switches which do not meet the IEEE802.3af/at. and also it has indoor series and outdoor series with 10/100/1000M input and output port.
Features:
1. Can recognize the impedance of the signal. When an input voltage is applied to the device, it must be roughly identified within the defined voltage range. When an ethernet power device pleads for power supply, it first sends out the voltage signal of 2.5V~10V to Ethernet. After detecting the voltage signal, the power facility puts a 23750 ohmic resistor on the power supply circuit, and the current changes with the input voltage. By detecting the current, it is confirmed that there is an effective Ethernet power supply at the Ethernet cable terminal. If the arranged resistance value is in the area of 26250 / 45000 ohms, it is considered that the ethernet equipment is effective but does not need to supply power. Resistive values of other sizes mean that the detected ethernet equipment is useful.
2. Type. Electricity is equipped with a type of gap, each type corresponding to not a certain current. Analogy, the "0" class of electricity is equipped with a current of 0.5 Ma 4 Ma. When an effective signal is detected by a power supply, it is classified. The specific method is to lift the voltage to 15.5V or 20.5V on the Internet link, so that the Ethernet power equipment loses a static current, and then completes the classification of the power facilities according to the current scale.
3. Open coherent connection. There are two kinds of switches connected to Ethernet power supply (Poe power supply), one is bipolar crystal switch, which has high utility and low capital, and the other is MOSFET switch, which has extremely high power performance and can be close to 100th.
Application:
Suitable for different Ethernet devices such as: IP phone, network security camera, PDA, mobile phone charger, card reader, etc.
Product images:
POE Switches
Unmanaged POE Switch,POE Switches,Smart POE Switch,Network Switch POE
Dongguan Xiaoerduo Electronics Co., Ltd. , http://www.steadysmps.com