China's IPR protection system has been firmly protected abroad

International online news (reporter Changxin, Zhang Yifu, Jiangsu station Yang Shouhua, Zhenjiang Li Yongmei): Chinese President Hu Jintao, in an interview with U.S. media on the eve of his visit to the US, stressed that China will increase IPR protection. In the process of China's participation in international trade, the cause of China's IPR protection, which started very late but with strong exerting force, has been one of the concerns of the developed countries, including the United States, and the global chain enterprises.　　At present, in the legal system, the supervision means, the enterprise behavior, the populace consciousness and so on aspect, China has constructed the relatively solid intellectual property protection system, but along with each country trade to China increasingly close, China's trademark, the patent, the copyright and so on, in overseas also repeatedly to be infringed, "is protected" the demand Since the implementation of the trademark law in 1983, China's IPR protection has undergone a process from scratch and from weak to gradual moderation.　　Zhang Ping, a professor at the law School of Peking University, believes that China's intellectual property system has completed its evolutionary process from mechanical imitation to pragmatism in less than 30 years. Zhang Ping said: "At the beginning of the legislation we had a superficial understanding of it (intellectual property), just learning from the West that it was equivalent to innovation and wisdom, not realizing that there were a lot of business application skills and not linking it to a market economy; But today Chinese companies are beginning to know Research and legislation also serve the purpose of economic development, not only when it is a wisdom. "The trademark law," patent law "," Intellectual property protection Law "and" Computer software protection regulations "and other laws and regulations have been promulgated, revised," national intellectual Property Strategy "comprehensive implementation, not only to improve the legal system of intellectual property protection in China, but also promote the development of the country's innovation: currently in China,　　The number of applications for trademarks is more than 8 million, and the number of valid trademarks is 4.35 million, which is the first in the world. In a wide range of trademark world, not only has China's own brands, but also a large number of "settled" in China's foreign brands. Beijing Nyaya Trademark Office is a company committed to the legal services of intellectual property rights of multinational companies, from the trademark application for registration, anti-counterfeiting administrative investigation to judicial proceedings, the Corporation for a large number of overseas enterprises landed China provided legal support. The general manager of the company said that overseas brands in the process of entering the Chinese market attaches great importance to the localization of trademarks and special attributes: "At present we (each year) of the various types of applications, about seven thousand or eight thousand, especially in recent years can double." "The firm has also been involved in the handling of counterfeit products such as Coca-Cola, Colgate, Nestle and other international brands.　　Zhuge bei Hua on a few years ago dealt with a tort "sprite" trademark case fresh memory. Zhuge bei Hua said: "(Chinese word) to multiply write body ' cloud ' and ' snow ' very approximate, some people use this to register the trademark ' cloud bi ', and in its bottle-shaped, packaging, color, composition and authentic, so that consumers in the purchase mistake is the Coca-Cola Company's" Sprite "products, resulting in false purchase. When we found out, we asked the law enforcement agencies to strike and deal with it, protecting the Coca-Cola Company'sTrademark Exclusive right. We also helped ' Sprite ' get a well-known trademark in China. "Because many international brand products are exported overseas, Nyaya Trademark Office also assists clients in the filing of their trademarks and patents in China customs to ensure that infringing products do not flow into the international market." Company Staff Chi Jie is dealing with such a case: "is the electronic products, customs found no power of attorney, he did not provide the relevant formalities, we are sent by the customs of some photos, bar code information, etc., so that foreign customers to identify. If the confirmation is not the customer's product, we will notify the Customs to detain. "The strict scrutiny of China's Customs and Excise department stems from the Chinese government's firm determination to strengthen IPR protection. China each year to promote the relevant special action, and recently launched a large-scale protection of intellectual property rights, the fight against counterfeiting fake special action, the international community has been concerned about the network infringement, piracy software problems, become the target of this action. In this respect, China's deputy minister of Commerce, Jiang Zengwei, chief executive of the operation, said: "To increase the new purchase of computer installation of the original operating system supervision, strict search kangaroo server, to provide plug-in procedures, without authorization to engage in game management behavior, severe crackdown on networks and mobile phone film, literature, music, games, maps, Books and other copyright infringement, severely punish the infringement of pirated websites.　　"Within two months of the operation, the Chinese police have uncovered more than 2000 cases of IPR crimes," he said.　　On the issue of IPR infringement, China is also the "injured party" that needs to be protected. In recent years, as Chinese companies and products have gained prominence, Chinese trademarks and copyrights have been repeatedly violated in overseas markets.　　In Canada, for example, some people put "Sina", "Sohu", "Pu ' er tea" and more than 50 well-known Chinese enterprises and brands of trademarks have applied for registration; Fanatical international registrars have even moved the "cheese" of traditional Chinese culture, and even Chinese classics have been registered by Japanese online companies.　　There are numerous cases of the trademark of well-known Chinese enterprises and old companies being registered abroad. Last June, in southern China's Jiangsu province, the Zhenjiang Vinegar Association learned a bad news: a South Korean to the South Korean concession Hall submitted the "Zhenjiang vinegar" Chinese, Korean trademark registration application. When you learn this, you are only 20 days away from the closing date of the publicity. If the "Zhenjiang vinegar" was registered, then this brewing history can be traced back to the Tang Dynasty, thousands of years from the unique water and water in Zhenjiang, the Chinese old in overseas "life will end." Thus, "Zhenjiang vinegar" Enterprise cluster launched the Battle of transnational trademarks. Zhenjiang Vinegar Industry Association of Intellectual Property Minister Dong Min recalls: "We have this situation to the national Trade and Industry Bureau of the report, request can give us help, hope to be able to in the administrative procedure, through the way of reconsideration of the natural person to apply for Zhenjiang vinegar trademark dismissed." Therefore, we prepared a large number of Zhenjiang vinegar-related historical information, some administrative, judicial cases, sent to the Korean concession hall, as we refute the basis. In addition, we also prepared a preparation, that is, if the Korean concession hall approved his registration, weThrough the judicial process, that is to say, by way of litigation. "The trademark rights fight from summer to winter ended with the victory of the Chinese side, and it also led to a rethinking of the business," he said.　　Zhenjiang Vinegar Industry association secretary General Wang MINGFA said that the Chinese old brand to the world is not easy, in adapting to international trade rules, but also should learn to protect themselves. Wang Mingfa said: "We now Australia, the United States and other developed countries have registered 12 trademarks." We need to further publicize the country in which it is registered, to strengthen further work in countries that have not registered successfully and to adapt to the requirements of the country and strive to expand the registration surface. "And in the global attention of the Sino-US trade, intellectual property disputes are more and more." Since 2000, China has been the first major country to have been involved in the "337 investigation" of IPR infringement by foreign products in the United States International Trade Commission for many years.　　Zhang Ping, a professor at Peking University Law School, argues that provoking intellectual property lawsuits to crack down on rivals has become a "unspoken rule" in international business activities, and China is not familiar with this. "Because China's intellectual property system is relatively young, enterprises have a relatively late awakening and have not a lot of intellectual property rights," Zhang said. In this case, once the other side claims intellectual property, we will be in a disadvantageous position, if this right is an innovation, the Chinese enterprises must pay tuition fees, pay high intellectual property licensing fees to enter the market. Ms. Yang Weining, a partner at the famous Hocking Lu law firm in the United States, told reporters that the "337 survey" has become a legitimate tool for Western countries to set up trade barriers at a moment of rising international trade frictions.　　Therefore, Chinese products to enter the international market should avoid the "patent trap." "The way to overcome this barrier is to try to apply for permission first, and to buy a certain patent abroad, including suing the company's products," Yang Weining said. Their products may also infringe on the patents you buy. If he sues you, you can sue him. This is the most effective and powerful means of reconciliation, agreement and cross licensing. "Looking at the history of hundreds of years of intellectual property in the west, China has experience to follow, but there is no shortcut to go."　　Zhang Ping, a professor at Peking University Law School, believes that the environment of intellectual property protection will be optimized in the process of building an innovative country in China. Zhang Ping said: "The acquisition and application of intellectual property rights is not overnight, and now high level of intellectual property applications are with finance, venture capital and so closely combined, China's talent in this area is insufficient, so the future heavy responsibilities, but we have this awareness and awareness, I believe that will be in a good direction. ”