Independent intellectual property rights of machine tools are prerequisites for participating in international competition

Intellectual property has become a hot spot for global attention. Standards have also become one of the main means by which countries compete for international markets. The combination of standards and intellectual property has brought about major changes in the global competition model. In the face of fierce international competition, China issued the "Outline of the National Intellectual Property Strategy" in 2008, which provided strategic guidance on the integration of standards and intellectual property rights. The article reads the knowledge in the outline from the perspective of technical innovation and standard strategy implementation. The strategic focus of the combination of property rights and technical standards was analyzed and interpreted, and specific implementation recommendations were put forward.

1 Intellectual Property Issues in Standards

In recent years, with the regionalization of the world economy, globalization, and the development of modern science and technology, technical standards have played an increasingly important role in the socialization of large-scale production, and their influence on the market has also continued to increase. In June 2008, China issued the “Outline of the National Intellectual Property Strategy” to provide strategic guidance on the issues of standards and intellectual property rights; at the end of 2008, the National Development and Reform Commission and other ministries and commissions jointly issued the “Several Policies on Promoting the Industrialization of Independent Innovation Outcomes”. Improve the formulation of technical standards to promote the development of the industry; in 2009 the State Intellectual Property Office also released the 2009 National IP Strategy Implementation Promotion Plan. The promulgation of a series of policies marks the country’s increasing emphasis on technical standards.

Today, with knowledge economy and information technology leading, standards have gradually become an important means in global competition. The major developed countries and some developing countries have endeavored to incorporate their intellectual property rights into standards and embarked on the competition path of patenting of technology, patent standardization, and standard monopolization, and have used the combination of intellectual property rights and standards to ultimately maximize the benefits of products. Therefore, in the process of formulating the national intellectual property strategy of our country, we specially carried out research on intellectual property issues in the standard. The issuance of the "Outline of the National Intellectual Property Strategy" (hereinafter abbreviated as "Outline") is of great significance for enhancing China's ability to create, use, protect, and manage intellectual property, and for building an innovative country. The outline also provides strategic guidance for the integration of standards and intellectual property, as embodied in Articles 11, 12, 17 and 32. This article analyzes and interprets the strategic focuses of combining the intellectual property rights and technical standards in the outline from the perspective of technical innovation and implementation of the standard strategy in order to give the reader a valuable role.

2 Strategic measures 2.1 Towards the development of technical standards

Article 11 of the Outline states: "Strengthening the guiding role of intellectual property policies in scientific and technological innovation activities, insisting that technological innovation is legally industrialized as the basic premise, obtaining intellectual property rights as the goal, and forming technical standards as the direction of efforts."

In the past 30 years of reform and opening up, China’s intellectual property protection and system construction have achieved fruitful results, and significant progress has been made in all aspects of the creation, application, protection, and management of intellectual property. By the end of 2007, the State Intellectual Property Office had granted a total of 2,089,286 patents, and the average annual growth rate of patent applications for inventions in the past ten years reached 49%. However, judging from China's self-developed national standards, as of the end of 2007, China has a total of 16 self-developed national standards involving patents, involving 148 patents, accounting for only 0.007% of the total number of patents accumulated in the year. By analyzing the intellectual property and standard strategies of developed countries and some multinational corporations, it can be seen that although their strategies are different, they all emphasize the inclusion of their patents in standards and strive to make them rise to international standards. For example, taking Qualcomm as an example, in the CDMA technology field, Qualcomm has more than 1,400 core patents: Qualcomm has mastered about a quarter of its core patents on 3G technology. Therefore, in the face of an increasingly competitive international environment for intellectual property rights and standards, the government should play a guiding role in intellectual property policy activities in scientific and technological innovation activities, guide enterprises to apply for independent research and development of technological achievements as domestic and foreign patents, strengthen intellectual property protection, and The formulation of technical support standards for intellectual property rights promotes the development of industries with standards, and forms a good interaction between technological innovation, intellectual property rights, standards, and industrial development. Only by using intellectual property strategy to improve China's technological strength, can we enhance our voice in international standards competition and improve China's international competitiveness.

2.2 Encouraging enterprises to participate in standardization activities

Article 12 of the Outline states: "Promoting enterprises to become the main body in the creation and use of intellectual property rights. To promote the intellectual property, commercialization, and industrialization of independent innovation achievements, and to guide enterprises to adopt intellectual property rights transfer, licensing, and pledge, etc. to realize intellectual property rights. Market value". At the same time, Article 17 of the Outline also states: "Supporting enterprises and industry organizations to actively participate in the formulation of international standards."

Although in recent years, China's technological innovation capacity has greatly improved, as shown by the significant increase in the number of patents in China, the role of patents in promoting economic development has become increasingly apparent. However, compared with developed countries, the innovation capability of Chinese enterprises still needs to be strengthened. It is still a long way to go to protect intellectual property rights and improve the contribution of patents in economic development. Many SMEs have a vague understanding of intellectual property rights, lack understanding of the importance of intellectual property rights in the development of enterprises, and the awareness of intellectual property rights needs to be strengthened. Even among large and medium-sized enterprises, about 71% of companies do not have technology research and development institutions. Although the number of patents in our country is increasing every year, there are not many patents that have actually been industrialized. Relevant information shows that at present, the patent conversion rate in China is less than 10%, and a large number of patents are wasted. The company's technological innovation strength and the ability to use intellectual property are not high, which also directly leads to its lack of ability to participate in international standards. Under the current competitive pattern of patenting, patent standardization, and standard monopolization, China's disadvantageous position in international standards competition has also directly led to the disadvantages of China in international economic and trade competition. Past DVD cases and WAPI cases have given us profound warning.

Therefore, to promote the intellectualization of innovation results and support enterprises and industry organizations to actively participate in international and domestic standardization activities is an effective way to improve China's technological innovation strength and promote China's industrial development. The enterprise is the main body of market and market competition, the main body of independent innovation and intellectual property, and also the carrier of standard industrialization. In the process of encouraging enterprises to participate in international standards competition, the government's macro-management functions should also be brought into full play to form a coordination and guidance for standardization organizations, and an integrated cooperation model in which industry associations are used as bridges and ties, research institutes and enterprises.

2.3 Choosing key areas to achieve strategic breakthrough Outline Article 12 states that “selecting a number of key technology areas and forming a core set of independent intellectual property rights and technical standards.”

Standards, as a carrier of technical specifications and intellectual property rights, control the industry's resource integration capabilities and technology upgrade initiative from the source. Through the rational use of the strategy of combining intellectual property rights and standards, China can achieve technological breakthroughs in key areas. Judging from the current international trends, public standards in order to safeguard the attributes of their public interests, which are to avoid the incorporation of intellectual property; and factual standards are more concerned about the interests of intellectual property rights holders, and use the combination of intellectual property rights and de facto standards, Promote the industrialization of innovative technologies and maximize their economic benefits. Therefore, when dealing with China's standards and intellectual property issues, different types of standards should be treated differently. National standards and industry standards are the nature of public standards, which should be avoided as far as possible in order to prevent the incorporation of private rights to have an adverse effect on the standard setting and implementation process. For factual standards, in order to better participate in international competition, intellectual property rights should be encouraged, especially the entry of China’s independent intellectual property rights. However, because of different technical strengths in different industries in China, the ways to encourage intellectual property to enter the standards are also different. For example, strategic cooperation can be implemented for the information industry and modern service industries. Because the information industry and the modern service industry have the deepest degree of globalization, intellectual property rights are included in the standards. The competition for international standards is the most fierce, and the impact on international trade is also greatest. For these types of standards difficult to independently develop, we should carry out strategic cooperation, together with foreign companies to jointly develop standards, take advantage of China's strong market, and strengthen the application of the standard after the application of the benefits of sharing. At the same time, a standard intellectual property early warning system was established to increase the awareness of intellectual property protection and protection. As for China's advantages and characteristic industries, such as the Chinese medicine industry, along with the rapid development of China's economy, Chinese medicine not only has a huge market in China, but also has attracted extensive attention and attention from governments and peoples of various countries in the world. This is the unique condition for China's TCM industry standard to become an international standard for traditional drugs. We must use this condition to quickly establish an international standard that is based on independent intellectual property rights and meets the characteristics of Chinese medicine in this advantageous industry.

2.4 Formulating and Improving Standards-Related Policy Outline Article 17 requires “to formulate and improve policies related to standards and standardize the act of incorporating patents into standards”.

Because of the salient features and important economic significance of the patents in the standard, the introduction of patents in the standard will lead to a series of problems, such as deliberately concealing patents during the standard setting process, and adopting lawsuits and other means to collect royalties after the standard is implemented. Or refuse to adopt a reasonable and non-discriminatory method to the standard implementer. The abuse of intellectual property rights by these use standards will seriously undermine the healthy development of the industry and normal market competition. ISO/IEC/ITU, as well as major developed countries such as the United States and Japan, have already formulated some relevant provisions and implementation details of the patent inclusion standards. China's industrial alliances such as AVS, IGRS, and other enterprise alliances are in the process of formulating industry standards. China has also formed its own patent policy, which provides a good basis for preventing problems caused by the inclusion of patents. While China's national standards deal with intellectual property issues, it still lacks basic laws and regulations. First of all, we need to improve the corresponding laws and regulations. The current "Standardization Law" in China began in 1989. As there were very few cases where intellectual property rights were included in the standards, the issue of intellectual property rights was not stipulated in the "Standardization Law." Therefore, it is necessary to clarify the basic attitudes and legal norms related to intellectual property in the form of laws. Second, China has not yet issued corresponding regulations on patent issues related to national standards. In 2009, Ji Qiang, Liu Hui, and Chaoyang Xingnuo Construction Engineering Co., Ltd. had already fully explained the urgency of relevant regulations in the case of patent infringement disputes. Again, there must be supporting laws and regulations. International experience shows that anti-monopoly law is the most effective means of regulating the abuse of intellectual property rights. China's Anti-Monopoly Law came into effect on August 1, 2008. It regulates intellectual property rights in Article 55. By adopting this clause, the use of intellectual property to achieve monopolistic purposes has been legally regulated. However, due to the fact that there are few cases and experiences accumulated in China in this regard, it is still necessary to gradually form certain specialized norms that are more operative in the specific administrative law enforcement and judicial practice.

2.5 Strengthening the Construction of Technical Standards in Specific Fields

Article 32 of the Outline requires: “Improve the protection system for geographical indications. Establish and improve technical standards system, quality assurance system and detection system for geographical indications. Survey GI resources, support geographical indication products, and promote the advantages of natural and human resources with local characteristics. Translate into real productivity."

National geographical indication protection products refer to products that have been produced in certain geographical areas and have quality, reputation, or other characteristics that naturally depend on the natural and cultural factors of the place of origin. The reason that geographical indications are so valued by the state is that geographical indication products have a characteristic quality that cannot be separated from the natural and cultural environment of the place of production. The “standard” of geographical indication products is also necessarily different from the “standard” in the traditional sense. The traditional special products of a country or region have become the natural and cultural heritage of the country or region, and such resources are limited and non-renewable and must be protected.

The protection of geographical indications in China has achieved phased results. Practice has proved that the protection system for geographical indications plays an irreplaceable role in promoting characteristic ethnic products and enhancing the international competitiveness of products. The guarantee of the quality of geographical indication products requires a perfect system of laws and regulations and standards. Therefore, China should expedite the establishment of a technical standard system for geographical indications and the improvement of relevant laws and regulations.

3 Conclusion

Today, with knowledge economy and information technology leading, standards have gradually become an important means in global competition. The major developed countries and some developing countries have endeavored to incorporate their intellectual property rights into standards and embarked on the competition path of patenting of technology, patent standardization, and standard monopolization, and have used the combination of intellectual property rights and standards to ultimately maximize the benefits of products. Therefore, in the process of implementing the national intellectual property strategy in our country, special attention should be paid to the study of the intellectual property rights issue in the standard.