Xi Jinping: Comprehensively strengthen the protection of intellectual property rights, stimulate the innovation vitality and promote the construction of a new development pattern

On the afternoon of November 30, the Political Bureau of the CPC Central Committee held the 25th collective study on strengthening China's intellectual property protection work. When presiding over the study, Xi Jinping, General Secretary of the Central Committee of the Communist Party of China, emphasized that intellectual property protection is related to the modernization of the national governance system and governance capabilities, high-quality development, the happiness of people's lives, the overall situation of the country’s opening up, and national security. To build a modern socialist country in an all-round way, we must proceed from the height of the national strategy and the requirements of entering a new stage of development, comprehensively strengthen the protection of intellectual property rights, promote the construction of a modern economic system, stimulate the innovation vitality of the whole society, and promote the construction of a new development pattern.

Yi Jiming, professor of Peking University Law School and director of Peking University’s International Intellectual Property Research Center, explained this issue and put forward work suggestions. Comrades from the Political Bureau of the Central Committee listened carefully to his explanation and discussed it.

Xi Jinping delivered a speech while presiding over the study. He pointed out that innovation is the first driving force leading development, and protecting intellectual property rights is protecting innovation. The "Proposals" of the Fifth Plenary Session of the Nineteenth Central Committee of the Party put forward clear requirements for strengthening the protection of intellectual property rights. At present, China is transforming from a big country in the introduction of intellectual property rights to a big country in intellectual property creation, and intellectual property work is shifting from pursuing quantity to improving quality. We must clearly understand the situation and tasks of China’s intellectual property protection work, summarize achievements, find deficiencies, and raise awareness of the importance of intellectual property protection work. From the aspect of strengthening intellectual property protection work, we must implement new development concepts and build a new development pattern, promote high-quality development to provide a strong guarantee.

Xi Jinping emphasized that China's intellectual property protection work began shortly after the founding of New China. Since the 18th National Congress of the Communist Party of China, the Party Central Committee has placed the protection of intellectual property rights in a more prominent position, deployed and promoted a series of reforms, introduced a series of major policies, actions, and plans, implemented a strict intellectual property protection system, and resolutely punishable by law infringement of legitimate rights and interests, especially infringement of intellectual property rights. On the whole, China’s intellectual property industry has continued to develop and has embarked on a path of intellectual property development with Chinese characteristics. Historical achievements have been made in intellectual property protection, and the awareness of the whole society to respect and protect intellectual property rights has increased significantly.  

Xi Jinping pointed out that the top-level design of intellectual property protection should be strengthened. It is necessary to study and formulate national intellectual property protection and utilization plans during the "14th Five-Year Plan" period, and clarify goals, tasks, measures and implementation blueprints. It is necessary to adhere to the principle of putting me first, the people's interests first, and fair and reasonable protection, which not only strictly protects intellectual property rights, but also ensures both public interest and incentives for innovation. It is necessary to strengthen the creation and reserve of independent intellectual property rights in key areas.

Xi Jinping emphasized the need to improve the level of legalization of intellectual property protection work. While strictly implementing the relevant provisions of the Civil Code, it is necessary to speed up the improvement of relevant laws and regulations, coordinate and promote the revision of the patent law, trademark law, copyright law, anti-monopoly law, and science and technology progress law to enhance the consistency between laws. It is necessary to strengthen legislation in areas such as geographical indications and commercial secrets. It is necessary to strengthen civil judicial protection and study and formulate litigation norms that conform to the laws of intellectual property cases. It is necessary to improve the quality and efficiency of intellectual property trials and increase credibility. It is necessary to promote the unification of intellectual property administrative law enforcement standards and judicial judgment standards, and improve administrative law enforcement and judicial linkage mechanisms. It is necessary to improve criminal laws and judicial interpretations and intensify criminal crackdowns. It is necessary to increase administrative law enforcement, and focus on key areas and areas where public opinion is concerned, and infringements and counterfeiting are frequent.  

Xi Jinping pointed out that it is necessary to strengthen the protection of the entire chain of intellectual property rights. It is necessary to comprehensively use legal, administrative, economic, technological, social governance and other methods to improve the protection system from review authorization, administrative law enforcement, judicial protection, arbitration and mediation, industry self-discipline, citizen integrity, etc., strengthen coordination and build a major protection work pattern. It is necessary to open up the entire chain of intellectual property creation, use, protection, management, and service, improve the comprehensive management system of intellectual property rights, and enhance the ability of system protection. It is necessary to coordinate the work of intellectual property protection, anti-monopoly, and fair competition review, and promote the independent and orderly flow and efficient allocation of innovative elements. It is necessary to form a public service system of intellectual property rights that is convenient and beneficial to the people, so that the innovation results can better benefit the people. It is necessary to strengthen the construction of intellectual property information and intelligent infrastructure, and promote the integrated development of online and offline intellectual property protection. It is necessary to encourage the establishment of a self-discipline mechanism for intellectual property protection and promote the establishment of a credit system. It is necessary to strengthen the publicity and education of intellectual property protection, and enhance the awareness of the whole society to respect and protect intellectual property rights.

Xi Jinping emphasized the need to deepen the reform of the intellectual property protection work system and mechanism. Since the 18th National Congress of the Communist Party of China, we have deployed and promoted a series of reforms in the field of intellectual property, and we must continue to implement them. It is necessary to study and implement differentiated industrial and regional intellectual property policies, and improve the intellectual property review system. It is necessary to improve the intellectual property protection system in new fields and new business forms such as big data, artificial intelligence, and genetic technology, and timely study and formulate protection methods for traditional culture and traditional knowledge. It is necessary to deepen the reform and innovation in the field of intellectual property adjudication, improve the intellectual property litigation system, improve technical intellectual property adjudication, and step up implementation of the intellectual property punitive compensation system. It is necessary to improve the intellectual property evaluation system, improve the intellectual property ownership system, and study and formulate related systems to prevent the abuse of intellectual property rights.  

Xi Jinping pointed out that it is necessary to coordinate the promotion of international cooperation and competition in the field of intellectual property rights. We must adhere to the concept of a community with a shared future for mankind, adhere to the principles of openness, inclusiveness, and balanced inclusiveness, deeply participate in global intellectual property governance under the framework of the World Intellectual Property Organization, promote the improvement of intellectual property and related international trade, international investment and other international rules and standards, and promote the global intellectual property governance system developing in a more fair and reasonable direction. It is necessary to tell the story of China's intellectual property rights and show the image of a civilized and responsible country. It is necessary to deepen cooperation with countries and regions along the “Belt and Road” in the joint construction of intellectual property rights, and promote knowledge sharing.  

Xi Jinping emphasized the need to maintain national security in the field of intellectual property rights. It is necessary to strengthen independent research and development and protection of key core technologies related to national security, and to manage the transfer of intellectual property rights related to national security in accordance with the law. It is necessary to improve laws, regulations, and policy measures related to intellectual property anti-monopoly and fair competition, and form legitimate and powerful restraints. It is necessary to promote the extraterritorial application of China's intellectual property laws and regulations, and improve cross-border judicial coordination arrangements. It is necessary to form an efficient international intellectual property risk early warning and emergency response mechanism, and build a system for preventing and controlling intellectual property foreign-related risks.  

Xi Jinping pointed out that party committees and governments at all levels should implement their responsibilities, strengthen coordination mechanisms related to intellectual property work, attach importance to the construction of intellectual property personnel, form a joint effort, resolutely combat counterfeiting and infringement, and resolutely overcome local protectionism. Leading cadres at all levels must increase their awareness of intellectual property rights, strengthen their study, and become familiar with the business, and strengthen their ability to do a good job in intellectual property protection under the new situation, so as to push China’s intellectual property protection work to a new level.