the protection of intellectual property rights to patents 1.

Introduction At the Knowledge-based Economy time, the concept of traditional property rights have been changed profoundly, deepening understanding of tacit knowledge and the intangible assets, expanding territory, the protection of intellectual property rights to patents, copyright and trademark rights as the main body of the extension and expansion of protected category has been further Along with the development of economic globali!ation, the internationali!ation of intellectual property become more prominent, all countries take intellectual property as an important strategy to participate the global economic and technology competition on their agenda Although in a unified framework of trade "#$%&, but developed countries remain in a favorable position in the protection of intellectual property, and developing countries due to the economic, science and technology is relatively backward, they are in a passive position $he main purpose of this paper is to understand the development trend of today's intellectual property and the developing country "use the (hina as example& face universal problem in the intellectual property work )se the strategy of intellectual property of developed countries for reference, and put forward some suggestions and recommendations for property in developing country

2. The Development characteristics and trends of intellectual property ** $he development characteristics+

1) ,ntellectual property protection has become the hot topic in the world

$he intellectual property system, after a century of development, has gradually matured ,nternational convention established some principles for continuously absorbed by each country-s law to promote the process of internationali!ation of intellectual property .or example, some western countries urged to establish an effective worldwide intellectual property protection mechanism, thus produced the $/,01 agreement and effect, and become the #orld $rade %rgani!ation "#$%& members generally accepted the multilateral rules2 it has a significant impact on for the protection of intellectual property in countries After (hina's accession to the #$%, the $/,01 agreement has become an important criterion for (hina to strengthen the

protection of intellectual property

2) /egional intellectual property cooperation and collaboration between

the multinational companies strengthened ,n some countries or regions, multinational corporations based on common economic interests and close economic exchanges, and gradually form a regional 3oint economic bloc established ,ntellectual 0roperty (ooperation %rgani!ation, such as the European 0atent %ffice "E0%&, the African ,ntellectual 0roperty %rgani!ation, 4()nion, etc using 4( )nion as an example, formed by 5itachi, 6atsushita, 6itsubishi, $oshiba, 78(, $ime #arner 4 ( )nion, the )nited charged to 989 export enterprises in (hina : *; < set royalties for each market share price around : *==, accounting for two-thirds of global 989 industry in (hina, its burden and vibration can be imagined According to the statistics from (hinese companies, 4( has taken royalties up to > billion /6? from exporting to global 989
3) (ontradictions and conflicts between developed and developing

countries on intellectual property protection and coordination 9evelopment of intellectual property is a comprehensive reflection of a country's economic, scientific, technological, and cultural development level, the developing countries compared with developed countries, there is a big gap in terms of economic strength, technological progress, and cultural level (ontradictions and conflicts bound to occur *; $he development of trending

*& ,ntellectual 0roperty and international politics, especially the increasingly close economic and trade relations ;& @ew technology has opened up new areas of intellectual property protection, and puts forward the higher law of intellectual property system, the intellectual property system will play a more important role to protect new technology and its industry

>& $he trend of internationali!ation of intellectual property rights will be further enhanced

3. The problem of intellectual property in China

#orld of globali!ation, the knowledge-based economy began to take shape, developing countries are also actively involved in international cooperation and competition, protection of intellectual property is also active and passively gradually become the important work of the social life .or (hina the biggest developing country, in recent years, the intellectual property work developed rapidly, the initial completion of the legal system of intellectual property rights, patent law, trademark law, copyright law, the Anti-)nfair (ompetition Aaw, (omputer 1oftware 0rotection /egulations promote scientific and technological achievements into law have been introduced and implemented, and successively 3oined a number of international conventions on intellectual property ?ut in the intellectual property work compared with the developed countries, due to historical reasons, there are main four problems+ .irstly ,the consciousness of ,ntellectual property is not strong @ot strong awareness of intellectual property in (hina is inseparable from its stage of development of the economy, science and technology, and development process )niversal awareness of intellectual property is not strong for the following reasons+ one is the contribution of scientific and technological progress on economic growth is not as developed countries as investment in fixed assets is a ma3or force in promoting the economy 1econd, the reform and opening up later, in *BCD year to open the portal, accession to the #$% in *BBB, science and technology, the main body of economic activity companies, independent of time to cope with the international science and technology, economic competition is still very short time $hird, the long-term planned economy and traditional technology assessment system inertia is also very strong, innovation of science and technology between the departments and units to use free of charge, the main assessment of the science and technology pro3ects 3ust complete scheduled tasks, less scientific and technological achievements as an asset to be affirmed and protected, insufficient motive force of the innovation of science and technology 1econdly, intellectual property investment insufficient, the output is not high AcEuisition of intellectual property and tangible assets obtained are essentially different, except to go through the necessary legal procedures and formalities, the key one is only one uniEue 1cience and technology development to today to get the uniEue technology, must have corresponding people, money, material input, it is completely impossible .rom the country's / F 9 expenditures of view, (hina is the )nited 1tates *<;G, 1outh Korea *<D .rom the enterprise perspective, most small businesses almost no research and development activities, and large-scale enterprise research and development spending is less than *H of sales revenues, and the American industrial enterprise research and development spending an average of > 4H or more, and his computer industry was D >H, and the pharmaceutical industry was *4 >H, and the manufacturing is up to ; BH .rom the point of production,

millions of people in 2004: China , Japan , South Korea and 1289, the United States 2 the

invention patent applications in (hina in ;==;, the foreign enterprise applications accounted for more than half of which+ computer accounting C=H, biotechnology accounted for DC >H, and B; GH of the information the semiconductor category accounted for B=H $hirdly, the protection of intellectual property is inadeEuate ?ecause of the intellectual property protection consciousness does not reach the designated position, pirated books, pirated software, infringe others patent protection scope of the matter in a certain field is Euite serious, in certain degree, it has affected the technology innovation power and foreign investment promotion and capital introduction $he reason one is that law enforcement is not strong enough, because it is 3ust beginning, the power of law enforcement is difficult to meet the need 1econd, the creator of scientific and technological achievements, the consciousness of self protection is not in place $he achievements appraisal, pro3ect application, product exhibition, product sales, cooperation, negotiation process, without relevant legal procedures and formalities will open their secret technology and core technology, and make their own proprietary technology in public and known technology, and lost their novelty, get legal protection After a patent and other intellectual property, nor widely publici!e his scope of patent protection, told colleagues don't infringe upon Another one is most small and medium-si!ed enterprises in the market blindly follow see market products launched , and a lack of intellectual property theory, repeat on research and development, blindly fall into the scope of protection of intellectual property of others, infringement of intellectual property of others $he last one, ,ntellectual property strategy formulation, implementation is Euite backward According to statistics, only *GH of large companies set up their intellectual property agency work, the intellectual property system, funding, staff can not meet the reEuirements #ork most of the enterprise intellectual property blank, in the field of enterprise intellectual property distribution certification, positioning, product development before, during and after the work of intellectual property, and research and development personnel, staff technical secret contract, product marketing in the process of trademark of maintenance and increment, database protection, research and development information and so on all have no system of rules and regulations, let alone implement

4. Strategy of intellectual property in developed countries !S" and #apan$

*>

$he strategy of intellectual property in )1A $oday the )nited 1tates is the number one economic, scientific and technological power country, and has a longer intellectual property strategy use of history $o maintain and strengthen its advantages in market competition, mainly adopts the basic patent strategy plus patent network strategy, at the same time, by political, economic, diplomatic and other means demands other countries shall in accordance with the patent protection in the )nited 1tates to protect its competitive advantage and economic exchanges $herefore, the )nited 1tates patent strategy showed offensive nature+ %ne is to patent legislation before the invention of the provisions of the principles and substantive examination system, and try to inventions results be kept confidential, the maximum limit competitors use 0rinciple of first invention is used by today in America, the )nited 1tates should adhere to this principle, because had will not patented as soon as possible to apply for a patent, its important invention created to be kept confidential, and is conducive to long-term monopoly of a technology2 substantive examination system is a form of review and substantive examination of all patent applications, in the patent application stage does not open the application content, only after the patent license shall be promulgated )nlike (hina to implement the deferred examination system, the patent application under the deferred examination system for some time in the authority announced technical program and scope of the claims $he )nited 1tates carry out a substantive examination system, which is an important ob3ective, is to avoid the patent application will make public competitors racing to follow development 1econdly, ,ntellectual property strategy into its trade policy to protect the domestic market, the ,nternational $rade (ommission ",$(&, according to the provisions of Article *>C of the $ariff Act, authori!ed management of imported goods that infringe ) 1 patent law, trademark law , copyright or trade secret law case, in order to prevent foreign products into the ) 1 market $hirdly, control the market of other countries 1ince the *BD=s, the )nited 1tates has become increasingly the protection of intellectual property as an important aspect of its foreign trade policy, intellectual property and trade, and urged that the intellectual property system in the IA$$ system, to make it international, worthy of particular amendments %mnibus $rade and (ompetition Act, one of the core issues of the protection of intellectual property rights of ) 1 trade policy, the created very favorable conditions for the protection of inventions in the )nited 1tates

Aast is to maintain the monopoly of technology advantage ,n order to strengthen the technical confidentiality and limitations of technology output ad3usted through a series of policies and regulations, such as with the second-generation technology to the sale of the first-generation technology, the usual practice of large companies in the technology trade+ *=H of the key patents never allow the transfer, ;=H of important patents, only in the case of a small profit big risk can transfer, J=H of the defense of patent license can be sold freely in accordance with the reasonable royalties $hese measures and practices maintain and strengthen intellectual property advantages, and is one of the important reasons for American maintain the leading position in the global economy, science and technology *G $he strategy of intellectual property in 7apan 7apan is also a master of the implementation of intellectual property strategy 7apan's implementation of the history of the legal system of intellectual property has been more than a hundred years 7apan through the large number of patents and other intellectual property in the country and abroad, effectively resist the attack of a foreign enterprise and successfully opened up the domestic and foreign markets 7apan developed Euickly the after #orld #ar ,, because of its effective implementation of intellectual property strategy * G * 7apanese government intellectual property strategy+ .irst, the patent legislation to provide legal environment 7apanese patent system allow narrow range only individual claims of the patent application, but also allow utility model patents $his is Euite similar to the current patent system in (hina utility model patents $his makes the 7apanese companies around the basic key patents to the first to apply to have the characteristics of a large number of small patent, closely to build a network of peripheral patent, the basis of the key technology in Europe and the )nited 1tates in the periphery of the 7apanese companies in the patent network failure $he second is to protect the domestic market, 7apan's main approach is to delay approval of the basic patents that have a significant impact on the industrial development, domestic enterprises have enough time to catch up with the technology ,n 7apan, the delay in approval of foreign patents for *=-*G years is common, the most typical $exas ,nstruments semiconductor patent in 7apan was delayed only get >= years, 6eisu Alex's patent application in the country ;= years after the application was approved in 7apan, 6eisu Alex thus losing the

exclusive rights in the 7apanese market for many years * G ; 7apanese enterprise intellectual property strategy+ .irst, make full use of the legal environment provided by the government, 7apanese companies use to improve patent, patent application, basic patent in Europe and the outside of the peripheral patent mesh 1uch as Europe and the )nited 1tates in 7apan for a new bike, 7apanese companies immediately apply for various pedals patent, the kinds of backpack frame patent, the various handlebar patent to form a wide range of peripheral patent, if from the these patent ?icycle basic patent can not be implemented, forcing ) 1 and European companies had agreed to Kcross-licensingK $he second is the introduction of technology and digestion and absorption simultaneously, digestion and absorption based on continuous improvement, innovation .rom after #orld #ar ,, to *BD=s, 7apan introduced a large number of foreign advanced technology, the proportion of the patented technology as much as 4CH, more important is that 7apanese companies correctly deal with the introduction of technology and the development of independent intellectual property relationship, and invested substantial human and financial resources, meanwhile, produced a large number of patents, forming a virtuous circle of a patented technology as the main KL introductionLdigestion and absorption L innovation L output mechanism, made an excellent combination of the introduction and innovation and a huge success $he third is to make /F9, intellectual property and production operation as an organic whole 7apanese companies made /F9, intellectual property, production operation as the three insepara le components in the development of enterprises 1tudied the corporate-owned industry intellectual property distribution, determined the ob3ectives of the /F9, after the success of / F 9, and embarked patent protection, company-s new products in the market to obtain the greatest profit $he last one, through a variety of ways, in every possible way to master the patented technology, and increased investment, Euickly made patented technology industriali!ation .or example, 7apanese companies through the donations, sponsorships and other forms to ) 1 universities to participate in the forward-looking research and technology, which 3ointly owned the American )niversity of / F 9 results, and have co-owner of the right to use

%. The enlightenment from developed countries ,ntellectual property work in contemporary economic development and the role of science and technology progress has been growing #ith the advent of knowledge economy, intellectual property work will become more important And the status Euo of (hina's intellectual property work, shortcomings and problems, must be caused by a high attention and take practical measures to improve Iovernments and the intellectual property department are dutybound to take the responsibility to promote the whole society work of intellectual property, to adapt to world trend of development of the situation .irst, should develop national intellectual property strategy $he )nited 1tates has a national intellectual property strategy, an outline of national intellectual property in 7apan, (hina must have its own intellectual property strategy, if not, industry and corporate intellectual property strategy is a river without water, without this of wood, each enterprise is also a state of disunity 1econd, efforts to improve the universal awareness of intellectual property protection, through various media, a variety of channels and combined with the positive and negative propaganda typical basic concepts and basic knowledge, intellectual property is becoming more and more thorough popular feeling, make the intellectual property consciousness formation of respect for labor, respect knowledge, respect talent, respect, create a good atmosphere 1trengthen the enterprise or business unit managers, especially the leading cadres of intellectual property publicity and training, make the knowledge of intellectual property as an important content of science and technology personnel to continue education, combine intellectual property publicity work with the masses inventions, teenagers inventive and creative activities closely , expanding the social basis of the intellectual property publicity $hird, guiding the industry association of intellectual property and union to form, to play their role in the formation and growth of the ability to 3ointly cope with the foreign multinationals intellectual property offensive 1hould focus on industrial agglomeration, formed industry enterprise groups and regional research and regions formed associations mechanism to guide the establishment of alliances, and promote and guide its development and growth .ourth, to guide the scientific research institutes, high-tech enterprises, develop intellectual property strategy, vigorously develop independent intellectual products and industries ,n scientific research institutes and high-

tech enterprises to develop intellectual property strategy, one is necessary, because they are scientific research and development centre, the scientific and technological achievements, can produce more intellectual property2 another is possible, they gathered talents, intellectual property training for scientific research personnel, can Euickly form and carried through the implementation of intellectual property strategy At the same time through them build up model for the general enterprises and typical demonstration .ifth, efforts to increase investment $echnology 0romotion, ,nnovation .und, and scientific and technological achievements into the .und the patent grant funds and government incentives, the government put into technology development costs tax deductible, to continue to implement a series of policies to encourage enterprises to develop investment, guide the ma3ority of enterprises to increase / F 9 investment in the pro3ect line-item management, accept strengthen patents, standards and talent assessment reEuirements, try hard to promote the inputs and outputs of the intellectual property

&. Conclusion and discussions $he ;*st century is the era of the knowledge economy ,nvention and innovation is the soul of a nation, which is an important strategic measures for the development of the national economy $he competition in the world is the intellectual competition and technological competition $he ;*st century, the development of the society become increasingly dependent on knowledge, information, technology, and innovation ,ntellectual property is no longer a civil private rights in the traditional sense, become an important means of national and industry competitive advantage and the concrete expression to become an integral part of the national industrial development strategy #hether government or corporate, should be how to apply to the protection of intellectual property as an important strategic ob3ectives, and establish intellectual property strategy ,n the knowledge-based economy in the future, the intellectual property will replace labor and cost, as a factor of production #e must have the ability to innovate the industry in the development of the core technology to independently solve the key technology of the related fields and transformation and promote the development of traditional industries, the construction of the high-tech industrial system with independent intellectual property