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Editorial of intellectual property newspaper: the "engine of rule of law" driving innovation and development

2020-10-21

——Written on the occasion of the fourth amendment of the Patent Law


The law, the end of the rule. On the afternoon of October 17, the 22nd Meeting of the Standing Committee of the 13th National People's Congress voted to adopt the decision on the revision of the patent law, which is the fourth major amendment since the implementation of the patent law in 1985. This amendment effectively solves the problems in practice, effectively protects the legitimate rights and interests of the patentee, strengthens the confidence of the innovation subject in patent protection, fully stimulates the innovation vitality of the whole society, and provides legal compliance for patent work in the new era. It can be said that this is a modification that adapts to the development of the times, is full of vitality and strength, and has a milestone significance.


Innovation is the soul of a nation's progress and an inexhaustible source of prosperity and prosperity of a country. The promulgation and implementation of patent law 35 years ago assumed the historical mission of releasing innovation vitality and promoting economic development through intellectual property system. It has opened the process of Chinese patent business from scratch to good governance, and promoted the great achievements of patent industry in China from vigorous development to world attention. The improvement of patent law has always been in the same frequency with the economic and social development, bringing together the powerful legal force to promote the high-quality development. In the past 35 years, we have gradually established a legal system of intellectual property that conforms to the international rules and categories. The administrative protection and judicial protection of patent have been strengthened comprehensively, the business environment has been improved continuously, and the awareness of intellectual property in the whole society has been constantly improved. It is the meaning of reform and opening up to fix these valuable experiences in the form of legal modification and to check the problems that restrict the innovation and development, and also the original heart of the construction of patent rule of law.


The disadvantages are supplemented, and they will be blocked by no means. Looking at the previous revision of patent law, it is not to adapt to the situation passively, but to closely combine the actual situation and the needs of the future, actively promote reform, and drive the economic society to keep on the track of rule of law by taking patent as the driving force. Since the fourth revision of the patent law was launched in 2014, it has widely absorbed social sentiment and public opinion, highlighted the legislative purpose of promoting economic and social development. After three deliberation by the Standing Committee of the National People's Congress, it has solicited opinions publicly for four times, and has received wide attention from all walks of life, reflecting the people's wishes, reflecting people's interests and safeguarding people's rights. See: strengthen the protection of the legitimate rights and interests of the patentee, increase the compensation for infringement of patent rights, provide punitive damages for intentional infringement; promote the implementation and application of patents, improve the system of job invention, and add patent opening license system; further improve the relevant system of appearance design protection and increase the application of novelty grace period The amendment of the patent law comes from the people and enters the people's hearts. It is necessary to solve the practical problems such as the gap between the effect of patent protection and the expectation of the patentee, the difficulty of patent protection, the low conversion rate of patent technology, the need for perfection of patent review and authorization system, and so on. It can effectively guarantee social equity and justice and the legitimate rights and interests of innovators, and has strong practicality and allows development More quality, better governance and a sense of people.


The act of action is not enough to be self-contained. The life of law lies in practice. In order to give full play to the vitality of the newly revised Patent Law, it needs all aspects to work together and constantly make it a powerful endogenous power to promote the cause of socialist modernization.


All levels of intellectual property management departments, enterprises, scientific research institutes and the public should carefully understand the core meaning of patent law amendment and prepare for the coming implementation of the law. Relevant departments should cooperate with the legislative organs to build up the supporting laws and regulations of patent law, strictly regulate the fair and civilized law enforcement, and safeguard the authority of patent law; natural and legal persons with intellectual property rights should play an active and active role, enhance the awareness of property rights, learn to use patent law well, and consciously use legal weapons to protect their rights according to law. The masses of the people should also have firm faith in the same line with the law and defend the rule of law, internalize the spirit of the rule of law into the heart and practice, and jointly promote the intellectual property culture of "respecting knowledge, advocating innovation, honesty and abiding by the law" has become increasingly popular.


Reform and innovation have no "completion" only "on the go". The world is undergoing great changes in the past century. The competition in the field of international intellectual property is more intense, and various new technologies and new formats emerge endlessly, which brings many new problems to patent industry, and also forces us to optimize the system constantly and bravely break into the "no one area" of intellectual property. Standing at the historical intersection of achieving the goal of "two hundred years", we must be aware that the fourth amendment of patent law is a "milestone" rather than "terminal". Where the pace of economic and social development goes, the patent system should follow up. This requires that we should not forget the initial heart, continue to struggle, with more firm confidence, more powerful measures, to break the bottleneck, resolve contradictions, and unite forces. It is believed that in the great process of reform and opening up, China's patent law will further release the great energy of encouraging innovation and protecting innovation, and inject inexhaustible impetus to accelerate the construction of a powerful intellectual property power with Chinese characteristics and world level and realize the Chinese dream of great rejuvenation of the Chinese nation.


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