Lei two proposals: entrepreneurial environment, combating counterfeiting, patent transformation

Donews March 7 News March 7 evening, Millet company chairman Lei officially released its proposal on the two sessions.

The concrete proposal includes three suggestions on perfecting the entrepreneurial environment, intensifying the fight against fake commodities and speeding up the transformation of patent results.

The full text of the proposal of Lei two sessions:

Some suggestions on perfecting the entrepreneurial environment

The party's 18 report clearly pointed out that "firmly grasp the solid foundation of the development of the real economy, the implementation of more conducive to the real economic development of the policy measures to promote strategic emerging industries, the healthy development of advanced manufacturing, accelerate the transformation and upgrading of traditional industries, and promote the service industry, especially the modern service industry Support small micro-enterprises, especially the development of small micro-enterprises of science and technology. , the report said, "the implementation of employment priority strategies and a more active employment policy should be implemented through self-employment, market-adjusted employment, government employment promotion and entrepreneurship." Encourage multi-channel and multiple forms of employment to promote entrepreneurship and employment. Strengthen vocational skills training, improve the employment and entrepreneurial ability of workers, enhance employment stability. ”

Scientific and technological innovation is also one of the main lines of Premier Wen's report on government work. In the past five years of work review, referring to the eight points mentioned in the reference to "vigorously promote indigenous innovation", referring to the 11 difficulties and issues also referred to the "increase in production and operating costs and innovative capacity of the problem coexist", this year, the Government's work on the four points again said " We should deepen the reform of scientific and technological system.

Building an innovative country, enterprises are the most important subject of technological innovation, to promote the construction of innovative countries, we must cultivate a large number of innovative enterprises full of vitality. And China's current entrepreneurial environment, compared with the United States, in addition to the so-called Silicon Valley entrepreneurial genes, including allowing failure, a large number of good ideas, wind investment group support, a group of outstanding entrepreneurial instructors, and more importantly, the Government's policy support and a good entrepreneurial environment.

The entrepreneurial environment is a public resource, and the Government plays an important role in shaping the good entrepreneurial environment. The formation of entrepreneurial environment generally has two ways, one is to rely on market natural generation, one is the government consciously to shape and build. Because of the public characteristics of entrepreneurial environment, the government should play a leading role in it.

The quality of entrepreneurial environment is of great importance to the development of a country's economy, and to perfect the entrepreneurial environment requires the joint efforts of various social forces. In the entrepreneurial environment, policy factors have a "lag" effect with the change of society, market and economy, so it is necessary to improve and optimize the entrepreneurial environment.

At present, the State has promulgated the related policy in the construction of the entrepreneurial environment, but in the actual operation, there are many specific problems. is to simplify the company registration process coronary name Invoice purchase and other related issues to make recommendations.

Question one: about the difficulty of company registration

Company registration is the first step to start a business. In developed companies, the registration of a new company in general a day can be completed, the current domestic generally need to months time, the process is time-consuming and consuming. The problem has been criticized by entrepreneurs and the community.

This year, the General Administration of commerce and Industry has carried out the reform of the commercial registration system, which does not require registered capital verification, registration of address documents, no annual inspection, completed within three working days, has caused a huge national response. March 1 has been in Zhuhai, Shenzhen pilot. After the announcement, many entrepreneurs said they want to go to Shenzhen and Zhuhai to start a business, which shows how important the reform.

Proposal: All over the country in this policy is eagerly awaited, suggested that the reform of the general Administration of commerce and industry, the new commercial registration system as soon as possible in the national pilot. If there are difficulties, it is recommended in various High-tech zones nationwide pilot.

Question two: On the audit of industrial and commercial filing documents

At present, the industrial and commercial authorities require the auditors to accept the documents submitted by the enterprises in the window for the approval of the industrial and commercial filing documents, these documents often include the "company Charter", "equity transfer Agreement", "capital increase or set up an agreement" and other more complex legal documents. Because auditors do not have the time and expertise to fully audit these files, they are often forced to use their simple format templates and do not allow enterprises to modify these templates.

Suggestion: the industrial and commercial shutdown does not carry on the substantive examination to the complex enterprise record legal document, but by the enterprise oneself and the lawyer to these documents legality or the rationality is responsible. On the one hand, the company can make the agreement of freedom, so that lawyers have the space to play, at the same time can reduce the workload and responsibility of industrial and commercial organizations, more in line with the actual situation of the company.

Question three: The question of capital verification for premium replenishment

In the industrial and commercial registration procedure of the limited liability company for premium replenishment, the commercial and industrial organs usually only agree to capital verification for the part of the investment, and the capital verification is different for the premium part of the investment. Angel investors in the process of investment, is basically "angel investors to invest money, entrepreneurs to do business" model, if the issue of increase in premiums to solve the problem, angel investment in the domestic difficult to develop.

Proposal: In the industrial and commercial registration of the premium capital increase, accept the capital contribution of the premium part for capital verification.

Question four: The issue of company name approval

On-line approval time is sometimes longer and communication is not smooth. Currently in Beijing apply for the company's nuclear name must be submitted online application, the applicant wants to propose an alternative font size, and an explanation of the alternative font size, but there is no consistent standard for how to get through, and each communication can only be through the online message, one application often to the online reply to explain, each explanation and wait for a short response time of one or two days , longer than more than 10 days, longer communication time.

Suggestion: Establish the time limit of setting up the feedback, encourage the auditor and the enterprise more instant communication way, such as telephone, short message, improve the efficiency of online audit.

Question five: On the issue of equity pledge

The pledge of equity is a subordinate guarantee legal act which is affiliated with a creditor's rights and debts, and the creditor's rights secured by it sometimes have a definite amount of funds, sometimes it is the right to change the amount at any time, or the amount of the vote is not clear. At present, when dealing with the pledge of equity, no matter what the main debt, the pledge contract stipulates the amount of pledge guarantee.

Recommendation: For the registration of pledge guarantee which is not easy to confirm the value of the main creditor's rights, it is not compulsory to register the guarantee value.

Question six: On the purchase of enterprise name invoices

At present, in addition to Enterprise Crown invoice other than invoices can be free to the tax authorities to use, but enterprise name invoices to the tax authorities to buy separately, and the name of the printing of the invoice only a few, in a monopolistic position, enterprises and printing factory bargaining space is very small, which makes the cost of enterprises to increase substantially, causing additional cost burden to enterprises.

At present, the retail enterprise and the electric Business enterprise, is the invoice dosage is very big, basically is uses the enterprise to name the invoice. Proposal: The general administration of taxation is recommended to unify the policy, enterprise name invoice and ordinary invoice, the tax authorities around the free supply.

Question seven: On financing difficulties of small micro-enterprises

Domestic entrepreneurs generally respond to the government's lack of attention to small micro-enterprises, survival difficulties, especially the problem of financing difficulties. Local governments have also introduced various support policies to try to solve the problem, but the results are relatively small.

Suggestion: Small micro-enterprises are huge and risky, it is unrealistic to encourage large investment institutions and banks to do micro-enterprises. In the case of the United States, Angel investment, Angel funds and various new incubators should be encouraged to complete the financing of micro-enterprises.

The ultimate goal of perfecting and optimizing the entrepreneurial environment is "creating entrepreneurship by Environment". Improve the entrepreneurial environment, it is to improve the entrepreneurial activities through environmental improvement, improve the ratio of entrepreneurial success, the formation of people want to do business, into the cause of a good social situation, so that all the source of entrepreneurial social wealth full inrush, to achieve the "environment to create entrepreneurship" results, thereby further promote employment, For the development of national economy and constantly add new vitality.

Suggestions on strengthening the fight against fake and inferior commodities

The recent incident of restricted milk powder in Hong Kong has aroused great concern of the whole society. Behind this extreme event is the lack of consumer confidence in domestic products and the seriousness of shoddy goods in the country. Strengthen the construction of corporate integrity values, and strengthen the fight against fake and inferior commodities, imminent!

The party's 18 report clearly stated that "advocating prosperity, democracy, civilization and harmony, advocating freedom, equality, justice, the rule of law, advocating patriotism, professionalism, integrity and friendliness, and actively cultivate socialist core values." , the report also calls for "in-depth education and governance in the field of moral issues, strengthening government affairs integrity, business integrity, social integrity and judicial public trust construction".

Premier Wen Jiabao's "Government work Report" also mentioned "to promote the integrity of the system, with government affairs and integrity to promote business integrity and social integrity, the formation of a good social fashion."

The problem of fake commodities is not only an economic problem, but also a political event related to the healthy development of our socialist market economy, and the government must take vigorous measures to rectify it. Fake and inferior commodities problem, the most fundamental reason is the drive of economic interests, an important reason is serious local protectionism, the objective reason is "anti-counterfeiting" law enforcement system is not perfect and "anti-counterfeiting" law enforcement body is difficult to form a joint force and the quality of consumers is not strong.

As a social value, "good faith" is the foundation of the nation, the base of enterprise and the root of the citizens. The Chinese nation has always paid attention to the virtues of honesty, but now, under the impact of various values, "good faith", this should be followed by the code of conduct, has come to the brink of collapse. Since China's reform and opening up, for the development of enterprises to create a good environment, but some have good prospects for the enterprise is due to lose faith in the people and get into trouble, Boomerang, and even eliminated by the market. In recent years, melamine-containing milk powder, gutter oil, chromium, such as excessive capsules a series of events, set off a round of credit crisis. Therefore, to strengthen the construction of good faith culture, especially to strengthen the enterprise credit construction, to reshape the "good faith" social values, has become an urgent important social problems, must arouse high attention.

According to the survey, there are several outstanding problems in the following:

Economic Interests Drive

Because the production and sale of fake and shoddy goods have a market, can profiteering, plus the national laws and regulations are not perfect, management is relatively weak, counterfeiting fake and shoddy goods, the punishment of illegal criminal acts is not enough to punish, so counterfeit sales in order to chase greater profits, desperate, illegal counterfeiting fake commodities.

Ii. Imperfect Legal environment

The imperfect legal environment of our country influences the improvement of enterprise's credit level. The existing legal environment has two levels of influence on enterprise integrity: First, the legal system is imperfect, which makes the relevant departments lack the relevant legal basis for the investigation and prosecution of the enterprise's breach of faith; the second is that the law enforcement is unfair, lax and insufficient, which makes the enterprise lose the enthusiasm of improving credit.

Iii. local protectionism is serious

Some local governments for the region's economic interests, the region appears in the counterfeiting fake and shoddy goods dens, wantonly harboring indulgence, let its development, and even the production and sale of fake and shoddy goods as a way to develop local economy, and thus promote the counterfeiting of fake and shoddy goods rampant. Even some counterfeiters and corrupt officials evilly, resulting in some local counterfeiting has reached a considerable scale, or even formed a kind of industrialization, large-scale development trend.

Iv. Enterprises ' lack of understanding of good faith

The professional ethics level of business operators is an important factor affecting the credit level of enterprises, especially in the private enterprises often play a decisive role. In the Enterprise management team, there are a considerable number of not strictly standardized professional ethics education and integrity education, the lack of professional ethics awareness, the weak sense of legal regulations, so in the enterprise business activities, often occur unprofessional behavior.

In view of the foregoing, the following recommendations are made:

First, increase honesty and trustworthiness propaganda, rebuild the good faith social value

The Socialist market economy is the credit economy, the enterprise's all management, management, transaction and other economic activities, must be honest and trustworthy. Enterprises must establish the concept of integrity first, in order to win a good reputation and goodwill. Enterprises should establish and improve their own credit management, cultivate their own good faith management concept, so that the internal enterprise fully aware of the harm of the lack of integrity.

Ii. perfecting the legal system and intensifying the fight against fake and inferior commodities

In the "anti-counterfeiting" legislation, in order to meet the needs of social and economic development, we should make and revise laws and regulations in time to solve the new problems and conditions in the activities of market economy, and further resolve the phenomenon that some areas can not be taken into account, improve the operability of laws and regulations, and bring the work of "anti-counterfeiting" into the legal To strengthen the enforcement of "anti-counterfeiting", from the legal level to completely reverse the current counterfeiting counterfeit low risk high income situation.

Iii. perfecting the supervision mechanism of market economy

The government supervision Department should firmly establish the concept of law enforcement for the people, further strengthen ideological construction, establish and perfect long-term supervision mechanism, achieve "specimen and cure", actively explore and solve the deep-seated problems affecting the order of market economy, and strive to establish and perfect the long-term supervision mechanism.

Iv. Strengthening the administrative accountability of government regulatory departments

Strengthening the construction of own system, establishing effective restraining mechanism of internal power, ensuring the rule of law, increasing administrative accountability, highlighting the key points of accountability, enhancing the effectiveness of accountability and improving the quality of accountability. To take responsibility as the core, to link power and responsibility, and to conduct strict supervision and accountability for non-performance or improper performance of duties.

In a comprehensive sense, we must perfect the legal system, strengthen the law enforcement of "anti-counterfeiting", eradicate local protectionism, achieve unison, form resultant force, crack down on fake commodities and raise the quality consciousness of the whole people, exert the supervision function of public opinion propaganda, and form strong social supervision. At the same time, to create a normative economic order and honest and trustworthy business atmosphere, actively encourage and support enterprises to strengthen credit management, strengthen corporate credit self-discipline, to achieve external supervision and internal construction interaction, promote fair competition among enterprises, guide enterprises to take the road of good faith management, the Government and enterprises work together to reshape the "good faith" social values.

Suggestions on speeding up the transformation of patent results

The practical significance of speeding up the transformation of patent results

Under the background of knowledge economy, patent is the base of a country, region and enterprise, and also an important source of core competitiveness. With the development of knowledge economy and economic globalization, intellectual property is becoming more and more important in economic development and independent innovation.

2012, the State Intellectual Property Office to accept the Invention patent application 653,000, an increase of 24%, invention Patent authorization 217,000, year-on-year growth of 26.1%, all maintain rapid growth momentum. Data from the State Intellectual Property Office showed that in 2012, three kinds of patent applications were processed in China, which grew 26%. The number of patents authorized amounted to 1.255 million, an increase of 31%. Among them, the acceptance of the domestic invention patent application 535,000, accounting for the total number of Invention patent application 81.9%, an increase of 28.7%, the acceptance of foreign invention patent application 118,000, accounting for the total number of Invention patent application 18.1%, an increase of 6.2%. The domestic invention patent application, the job application 428,000, accounted for 80%, increases 32.1%; In the domestic invention patent application, the enterprise applied for 316,000 pieces, accounting for 73.8%, an increase of 36.6%. 2012, China's domestic invention patent authorization 144,000, accounting for the total number of inventions patent licensing 66.4%, an increase of 28%; Foreign invention patents authorized 73,000, accounting for the total number of inventions patent licensing 33.6%, an increase of 22.6%. 2012, China accepted the Patent Cooperation Treaty (PCT) to submit an international patent application 20,000 pieces, an increase of 14%.

Recently, China has added a "World first": The World Intellectual Property Index 2012, published by WIPO, reported that China overtook the United States in 2011 and became the first country to apply for patent after it surpassed Japan in 2010. However, there are no Chinese companies in the newly released annual list of global innovation companies by Thomson Reuters, its Intellectual property consultancy. There is no doubt that this is a powerful reminder of our commitment to creating an innovative country, which on the one hand tells us that protecting intellectual property rights and promoting innovation have become a conscious choice for individuals and businesses; on the other hand, we still have a long way to go before we implement our national intellectual property strategy and realize innovation-driven

In recent years, the number of patent applications in China is certainly behind the rapid development of the national economy, the technical level significantly increased, as well as the strong support of the Government, such as the hard support of the positive conditions, in addition to the policy of the one-sided pursuit of quantitative guidance and the quantification of indicators of the quantitative trend of Many applicants do not apply for a patent for innovative inventions, and a considerable portion is patented. China's data show that the number of patents in China, although about half of the number of authorized patents in the country, but its patent conversion rate is less than 5%. The statistics in the Ministry of Education's China University Intellectual Property Report show that if the average calculation, the university's patent conversion rate is only 5%; According to the China Science Daily Report, 2011 China's patent technology implementation rate is only 0.29%, also very good to illustrate this point.

The value of the patent is not embodied in the ownership of the patent, but in the commercial value brought by the operation of the patent. If only the ownership of the patent and not the conversion, implementation, is undoubtedly a waste of patent assets. Because the patent production process consumes a lot of social resources, the creation of the various patent results, if they can not be transformed and profit return, will reduce the Creative initiative and initiative; On the other hand, due to the failure of patent transformation to make innovation results can not be converted to use will also cause the industrial technology upgrade stagnation, This will also have a negative impact on economic development. Therefore, the implementation of the patent transformation will become a constraint on China's industry independent innovation and industrial upgrading of an important obstacle. Under this background, speeding up the transformation of intellectual property in China is of great significance in cultivating the consciousness of Enterprise's patent transformation, enhancing the innovation enthusiasm of enterprises, strengthening the ability of patent creation, management, protection and utilization, promoting the upgrading of industrial technology, and improving the core competitive ability of enterprises.

Ii. problems in the transformation of intellectual property in China

The transformation of intellectual property results is a long-term foundation work. Although our country's intellectual property achievement transformation work has achieved certain achievement, also has the following outstanding problems:

First, there are too many restrictions on patent implementation and patent transformation, resulting in the loss of state-owned assets. The real ownership of the patent in our universities and scientific research institutes belongs to the state, and they actually have only the management right of the patent, which leads to the separation of the patent ownership and the management right. Since the management function of the patent is not clear, China has many patents in the transformation and implementation process has to undergo a layer of approval, laborious, inefficient; in particular, some major research results or inventions sources of funding complex, the authorities overlap, more participants, forming a complex property rights, the definition of unclear property rights, as a patent Transformation and implementation have added to the difficulty. This kind of situation causes the patent idle phenomenon to be numerous, the patent value cannot obtain the excavation and the utilization, therefore the patent occupies the unit also because cannot benefit from the patent to refuse to pay the annual fee, thus causes the patent invalidation, thus causes the state-owned assets to lose. Patent transformation produces commercial value, then the return of funds to universities and scientific research institutes to promote innovation, the results of the formation of patents: only the development of such a sustainable virtuous cycle, can realize the value of state-owned assets.

Second, the lack of innovation evaluation system to promote patent implementation and patent transformation. Many universities and scientific research institutes have neglected the transfer of scientific research results and the excavation of value, thus leading to a large number of scientific and technological achievements in the "untapped" state, which has not been activated and converted into patents. The management of the University, with the emphasis on the thesis and the light patent, linked the subject, the appraisal result, the publication thesis and the publication work directly with the evaluation of the scientific researcher, which led to the lack of enthusiasm in the patent transformation of the researchers, and did not apply the high quality patent to obtain the commercial value in

Thirdly, the commercialization of patent authorization is not active, especially in the hands of universities and scientific research institutes. The main reason is that on the one hand, because of the lack of effective public patent information and patent trading platform, the information flow of patent technology often leads to the inability of technology patents to market, technology-requiring enterprises do not have access to technology, on the other hand, because of the lack of effective patent commercial applications to promote the professional and technical services, Lead to the asymmetric information on the patent transactions, the inventor of the patent income is too high, and the demand side can not accurately judge the benefits of the patent, and other factors, the two sides can not deal.

Iii. some suggestions on speeding up the transformation of intellectual property in China first, to reduce the restrictions on the implementation of patents and the process of patent transformation in universities and scientific research institutes, and to gradually endow universities and institutes with the right of patent implementation and patent transformation, in addition to patents on national security and national interests such as defence and military To abolish the administrative intervention on patent implementation and patent transformation of universities and scientific research institutes, to introduce policies to encourage the transfer of all rights of patents, to simplify patent licensing and registration procedures for patent transfer;

In the process of patent implementation and patent transformation, the market mechanism is introduced into the industry of national security and national interests, excluding the defense, military and other industries, and the invention of the third party Innovation Technology Service Agency is involved, thus forming a patent transformation to produce commercial value, and the funds are reintroduced into the innovation of the Universities Innovation of innovation and the formation of a patent for the sustainable invention of innovative virtuous cycle;

The existing policy view holds that the transfer of all rights of patent in universities and institutes will lead to the loss of state-owned assets, so it is rather to keep the state-owned assets from being lost and not to transfer all the rights of the patent. In fact, if the intellectual property rights owned by the state in a reasonable market price make it produce value-added benefits, then a benign and sustainable innovation system can be formed to promote the development of China's original technology, which will help to improve China's strategic competitive ability in the long run.

Second, the establishment of innovation to promote the implementation of patents and the transformation of innovative evaluation system. Combining the implementation of patent and the results of patent transfer with the performance assessment of the competent department of Intellectual property in universities, the combination of patent implementation and patent transformation with allowances and bonuses; To strengthen the role of innovative technology service institutions in the patent applications of universities and scientific research institutes, relying on professional innovation and technological service institutions to guide the creation and development trend of universities and scientific research institutes, and to use market forces to promote the realization of inventions that conform to the trend of industrial development, Thus speeding up the process of our country's intellectual property strategy.

Third, to strengthen the Government's financial incentives for commercialization of patent results, the important patent results of independent intellectual property rights should be supported through the provision of tax preferences, fiscal policy tilt, and other means. Relying exclusively on patent information exchange and patent transactions of innovative invention technology service agencies, and strive to build a smooth patent information exchange and trading platform, exchange of information between the patent and supply and demand, so that the commercial prospects of the patent can be quickly transformed and implemented. So that the patent holder can accurately grasp the social demand for patents, but also enable the buyer to use accurate information to purchase patents, greatly improve the effectiveness of patent implementation and conversion.