"Accelerating the transformation of development methods, promoting economic transformation and upgrading, and building modern and internationalized innovative cities are the inevitable ways for future development. In urban innovation and development, the protection of intellectual property rights plays a key guiding and promoting role. "Dong Xinrui, an expert on Beijing's intellectual property expert database, said in an interview with a reporter from the International Financial News.
According to the official website of "Shanghai Intellectual Property", the "Regulations of Shanghai Municipality on the Protection of Intellectual Property Rights" (hereinafter referred to as "Regulations") were reviewed and approved at the 28th meeting of the Standing Committee of the 15th Shanghai Municipal People's Congress and will be implemented on March 1. The "Regulations" contains six chapters and 46 articles. The relevant measures will be helpful to strengthen the protection of intellectual property rights and stimulate innovation and creativity.
Specifically, increasing administrative and judicial protection is one of the highlights in it. The "Regulations" clarify that it promotes the establishment of a unified comprehensive service platform for IP information; it clarifies that the People's Courts promote the reform of the civil, criminal, and administrative "three-in-one" trial mechanism for IP cases, and establish a judicial confirmation mechanism for administrative mediation agreements. At the same time, the "Regulations" require Shanghai to establish and improve the linkage mechanism between administrative law enforcement and judicial protection of IP protection; require the relevant administrative departments of intellectual property to transfer suspected criminal intellectual property violations to the public security bureaus for handling.
In addition, advancing social governance is also an important part of improving the intellectual property protection mechanism. In accordance with the requirements of the "Regulations", Shanghai will actively guide and support rights holders, industry organizations, arbitration institutions, social mediation organizations, notary institutions, e-commerce platform operators, exhibition organizers, overseas rights protection assistance agencies, etc., to participate in the protection of IP rights, and utilize new technologies to promote innovation in intellectual property governance. At the same time, strengthen the publicity of the rule of law of intellectual property and create a social environment conducive to innovation and creation.
"Only through providing a healthy intellectual property protection environment, a city can attract high-tech enterprises to settle." Chang Junhu further pointed out that if a city can provide a comprehensive and developed intellectual property protection environment, intellectual property with high compensation and great influence can continue to emerge. The case will promote the city to gradually become the preferred location for patent litigation by multinational technology companies, thereby enhancing the city's global influence and competitiveness. It can be said that intellectual property is a strategic resource for the future development of a city and a core element to enhance a city’s competitiveness.
What else should the Yangtze River Delta do in the field of intellectual property protection in the future?
“Specifically, it should focus on the direction of innovative city construction, address the needs of industrial transformation and upgrading, and vigorously cultivate intellectual property-intensive industries and intellectual property superior enterprises in accordance with the characteristics of the city. At the same time, construct an innovative development system with services, and promote the creation, protection, management and application of intellectual property rights, and provide strong support for the transformation and upgrading of urban industries." Dong Xinrui addressed.
Wu Daiqi believes that we should start in three aspects. "The first is the popularization of knowledge. Judging from many of the current corporate trademark disputes, companies’ knowledge in this area still needs to be enhanced. That is, from the beginning of the establishment of a company, one should know how to create a brand and a series of trademark protection actions. This requires the relevant departments to educate the companies, especially for small, medium and micro-enterprises. The second is to strengthen the investigation and punishment of counterfeit and poor quality commodities, eliminate the market environment, and protect the rights and interests of legitimate operating enterprises. The third is to increase incentives for original or invention patents." Wu Daiqi said.
In Chang Junhu’s view, the protection of intellectual property rights is a systematic project, and specific measures need to be improved from legislative, administrative, and judicial aspects, and the government’s effective role in intellectual property governance should be actively used to promote the connection between administrative protection and judicial protection. "At the same time, all sectors of the society should be encouraged to participate, and coordinate the judicial protection, administrative protection and social protection of intellectual property rights, give sufficient punishment to intellectual property infringements."
