Comprehensively Strengthen the Protection of Intellectual Property Rights, Stimulate Innovation Vitality and Promote the Construction of New Development Pattern ※

Xi Jinping

Today, the political Bureau of the CPC Central Committee conducted the 25th collective study on strengthening the protection of intellectual property rights in China. The "Recommendations" of the Fifth Plenary Session of the 19th Central Committee of the Communist Party of China put forward clear requirements for strengthening the protection of intellectual property rights. The purpose of arranging this study is to recognize the situation and tasks of my country's intellectual property protection work, summarize achievements, find deficiencies, improve understanding of the importance of intellectual property protection work, and strengthen intellectual property protection work to implement new development concepts and Build a new development pattern and promote high-quality development to provide a strong guarantee.

Innovation is the first driving force for development, and the protection of intellectual property rights is the protection of innovation. To build a modern socialist country in an all-round way, we must better promote the protection of intellectual property rights. The protection of intellectual property rights is related to the modernization of the national governance system and governance capacity. Only by strictly protecting intellectual property rights can we improve the modern property rights system, deepen the market-oriented reform of factors, promote the market to play a decisive role in the allocation of resources, and give better play to the role of the government. Intellectual property protection is related to high-quality development. Only by strictly protecting intellectual property rights and severely cracking down on market entities and criminals who infringe and counterfeit in accordance with the law can we improve the quality of the supply system and effectively promote high-quality development. The protection of intellectual property rights is related to the happiness of people's lives. Only by strictly protecting intellectual property rights, purifying the consumer market, and safeguarding the rights and interests of consumers can the people be assured of buying, eating, and using. The protection of intellectual property rights is related to the overall situation of the country's opening up to the outside world. Only by strictly protecting intellectual property rights can we optimize the business environment and build a new system of open economy at a higher level. Intellectual property protection is related to national security. Only by strictly protecting intellectual property rights can we effectively protect the key core technologies independently developed by our country and prevent and resolve major risks.

On the morning of July 31, 2020, the completion and opening ceremony of the Beidou-3 global satellite navigation system was held in Beijing. Xi Jinping, General Secretary of the Central Committee of the Communist Party of China, President of the State, and Chairman of the Central Military Commission attended the ceremony and announced the official opening of the Beidou-3 global satellite navigation system. Xinhua News Agency reporter Ju Peng/photo

Since the 18th National Congress of the Communist Party of China, I have repeatedly emphasized that it is necessary to establish an efficient comprehensive management system of intellectual property rights, open up the entire chain of intellectual property creation, application, protection, management, and service, and promote the formation of clear rights, reasonable division of labor, consistent responsibilities and rights, and Efficient system and mechanism; it is necessary to implement a strict intellectual property protection system to improve the quality and efficiency of intellectual property review, we will resolutely punish violations of legitimate rights and interests, especially intellectual property rights, in accordance with the law, introduce a system of punitive damages, significantly increase the cost of infringement and illegal costs, deter illegal infringement, and so on.

China's intellectual property protection work began soon after the founding of New China. In 1950, my country promulgated the "Interim Regulations on the Protection of Invention Rights and Patent Rights", "Interim Regulations on Trademark Registration" and other regulations, and made preliminary explorations on the implementation of patent and trademark systems. After the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China, China's intellectual property work has gradually embarked on the track of regularization.

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, and issued the "In-depth Implementation of the National Intellectual Property Strategic Action Plan (2014-2020)" and "The State Council on Accelerating the Construction of a Powerful Intellectual Property Country under the New Situation" Several Opinions "," 13th Five-Year "National Intellectual Property Protection and Application Plan" and other series of decision-making deployments. In this reform of the party and state institutions, we established the State Administration of Market Supervision, re-established the State Intellectual Property Office, and realized the centralized and unified management of intellectual property categories such as patents, trademarks, and geographical indications of origin. We have established intellectual property courts in Beijing, Shanghai, and Guangzhou, and the Supreme People's Court has established an intellectual property court to hear patent and other technical intellectual property appeals across the country, and established a professional intellectual property trial system.

In general, my country's intellectual property industry has continued to develop, and it has embarked on a path of intellectual property development with Chinese characteristics. Historic achievements have been made in intellectual property protection. The intellectual property legal system and protection system have been continuously improved, and the protection has been continuously strengthened. The awareness of respecting and protecting intellectual property rights has increased significantly, which has played an important role in stimulating innovation, building brands, standardizing market order, and expanding opening up.

At the same time, we must also be soberly aware of the shortcomings, which are mainly manifested as: the whole society's awareness of the importance of intellectual property protection needs to be further improved; with the vigorous development of new technologies and new formats, the legalization of intellectual property protection still cannot keep up; the overall quality of intellectual property rights The efficiency is not high enough, and there are few high-quality and high-value intellectual property rights; the coordination between administrative law enforcement agencies and judicial agencies needs to be strengthened; in the field of intellectual property rights, there are still phenomena that infringement is prone to occur frequently, infringement is easy, and rights protection is difficult. Intellectual property infringement violations are new, complicated, and high-tech; some companies use system loopholes to abuse intellectual property protection; market entities The ability to deal with overseas intellectual property disputes is obviously insufficient, and the protection of intellectual property rights of Chinese enterprises overseas is not in place, and so on.

At present, China is changing from a big country of introducing intellectual property rights to a big country of creating intellectual property rights, and the work of intellectual property rights is changing from pursuing quantity to improving quality. We must proceed from the national strategic height and the requirements of entering the new development stage, 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.

First, strengthen the top-level design of intellectual property protection.It is necessary to accurately judge the new characteristics of the domestic and international situation and plan well for the protection of intellectual property rights. The purpose of protecting intellectual property rights is to stimulate innovation, serve and promote high-quality development, and meet the needs of the people for a better life. We must promptly formulate a strategy for building a powerful country with intellectual property rights, study and formulate a national intellectual property protection and application plan during the "14th Five-Year Plan" period, and clarify goals, tasks, measures and implementation blueprints. We should adhere to the principle of giving priority to ourselves, putting the interests of the people first, and protecting them fairly and reasonably. We should not only strictly protect intellectual property rights, but also prevent the excessive expansion of the rights of individuals and enterprises, so as to ensure both public interests and incentive innovation. It is necessary to strengthen the creation and reserve of independent intellectual property rights in key areas, and deploy a number of major reform measures, important policies, and key projects.

Second, improve the level of the rule of law in the protection of intellectual property rights.A complete system of intellectual property laws and regulations and an efficient law enforcement and judicial system are important guarantees for strengthening intellectual property protection. While strictly implementing the relevant provisions of the Civil Code, we should speed up the improvement of relevant laws and regulations, and comprehensively promote the revision of the patent law, trademark law, copyright law, anti-monopoly law, and scientific and technological progress law, so as to enhance the consistency between laws. Legislation in areas such as geographical indications and trade secrets should be strengthened. 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 enhance credibility. It is necessary to promote the unification of intellectual property administrative law enforcement standards and judicial adjudication standards, and improve the administrative law enforcement and judicial convergence mechanism. It is necessary to improve criminal laws and judicial interpretations and intensify criminal crackdowns. It is necessary to increase the intensity of administrative law enforcement, and to the key areas and regions where the masses have a strong response, public opinion is concerned, and infringement and counterfeiting are frequent. It is necessary to strike hard, rectify to the end, and deter in place.

On the morning of September 25, 2019, the commissioning ceremony of Beijing Daxing International Airport was held in Beijing. Xi Jinping, General Secretary of the Central Committee of the Communist Party of China, President of the State, and Chairman of the Central Military Commission attended the ceremony and announced that the airport was officially put into operation and toured the terminal. This is Xi Jinping taking a rail train to Beijing Daxing International Airport. Xinhua News Agency reporter Xie Huanchi/Photo

Third, strengthen the protection of the entire chain of intellectual property rights.Intellectual property protection is a systematic project, covering a wide range of fields and involving many aspects. It is necessary to comprehensively use various means such as law, administration, economy, technology and social governance to improve the protection system from the aspects of examination and authorization, administrative law enforcement, judicial protection, arbitration and mediation, industry self-discipline and citizen integrity, strengthen coordination and cooperation, and build a large-scale protection work pattern. It is necessary to open up the whole chain of intellectual property creation, application, 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 innovation elements. It is necessary to form an intellectual property public service system that is convenient for the people, build a national intellectual property big data center and public service platform, and disseminate intellectual property information in a timely manner, so that innovation results can better benefit the people. It is necessary to strengthen the construction of intellectual property informatization and intelligent infrastructure, strengthen the application of artificial intelligence, big data and other information technologies in the field of intellectual property review and protection, 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 construction of a credit system. It is necessary to strengthen publicity and education on intellectual property protection and enhance the awareness of the whole society to respect and protect intellectual property rights.

Fourth, deepen the reform of the institutional mechanism for intellectual property protection.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 rights. We must continue to implement them and achieve system integration and coordinated advancement. 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 such as big data, artificial intelligence, and genetic technology, and promptly study and formulate protection methods in traditional culture, traditional knowledge and other fields. It is necessary to deepen reform and innovation in the field of intellectual property trials, improve the intellectual property litigation system, improve technical intellectual property trials, and promptly implement the punitive compensation system for intellectual property infringement. It is necessary to improve the intellectual property evaluation system, improve the intellectual property ownership system, and study and formulate relevant systems to prevent the abuse of intellectual property rights.

Fifth, promote international cooperation and competition in the field of intellectual property.Intellectual property is the core element of international competitiveness and the focus of international disputes. We must dare to fight, be good at fighting, never give up legitimate rights and interests, and never sacrifice the core interests of the country. We should uphold the concept of a community with a shared future for mankind, adhere to the principles of openness, inclusiveness, balance and inclusiveness, deeply participate in global intellectual property governance under the framework of the World Intellectual Property Organization, promote the improvement of international rules and standards such as intellectual property and related international trade and international investment, and promote the development of the global intellectual property governance system in a more just and reasonable direction. It is necessary to expand the channels and ways to influence international public opinion on intellectual property rights, tell the story of China's intellectual property rights, and display the image of a civilized and responsible power. We should deepen intellectual property cooperation with countries and regions along the "Belt and Road" and advocate knowledge sharing.

Sixth, safeguard national security in the field of intellectual property rights.As I said, the transfer of intellectual property rights to foreign countries should adhere to the overall concept of national security. It is necessary to strengthen the independent research and development and protection of key core technologies related to national security, and manage the external transfer of intellectual property rights related to national security in accordance with the law. It is necessary to improve the laws, regulations and policy measures related to intellectual property anti-monopoly and fair competition, and form a legitimate and powerful means of restriction. It is necessary to promote the extraterritorial application of relevant laws and regulations on intellectual property rights in China and improve cross-border judicial cooperation arrangements. It is necessary to form an efficient international intellectual property risk early warning and emergency response mechanism, build a foreign-related risk prevention and control system for intellectual property rights, and increase assistance to Chinese enterprises in overseas intellectual property rights protection.

Party committees and governments at all levels should implement their responsibilities, strengthen the coordination mechanism related to intellectual property work, attach importance to the construction of intellectual property talent team, form a joint force of work, resolutely crack down on counterfeiting and infringement, and resolutely overcome local protectionism. Leading cadres at all levels should enhance their awareness of intellectual property rights, strengthen their study, be familiar with their business, and enhance their ability to do a good job in intellectual property protection under the new situation. They should not only learn to use the intellectual property protection system to promote high-quality economic and social development, but also learn to use the intellectual property protection system to carry out international cooperation and competition, so as to push China's intellectual property protection work to a new level.

※ this is the main part of General Secretary Xi Jinping's speech at the 25th collective study of the 19th Politburo on November 30, 2020.