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【法规名称】鍥藉姟闄㈠叧浜庡嵃鍙戙婂浗瀹剁煡璇嗕骇鏉冩垬鐣ョ翰瑕併嬬殑閫氱煡
Outline of the National Intellectual Property Strategy
【发布时间】20080605
【实施时间】20080605
 
 
【English version】 【中文正文】 【中英文逐条对照】
 
 
 
Outline of the National Intellectual Property Strategy
锛圛ssued by the State Council of the People's Republic of China on June 5, 2008锛
Outline of the National Intellectual Property Strategy
This Outline is formulated for the purpose of improving China's capacity to create, utilize, protect and administer intellectual property, making China an innovative country and attaining the goal of building a moderately prosperous society in all respects.
I. Preface
(1) Since the reform and opening up policy was introduced, China has maintained a sustainable and rapid economic and social development, and has made advances in science and technology and cultural creations, while the capacity for innovation has been constantly improved, and knowledge is playing an increasingly prominent role in China's economic and social development. China is now experiencing a new historical beginning, and it is of great strategic importance for the country to develop and utilize knowledge-based resources in order to transform the pattern of economic development, ease the constraints posed by demand for resources and environmental concerns, improve the nation's core competitiveness and meet the increasing material and cultural demands of the people.
(2) Intellectual property system is a basic system for developing and utilizing knowledge-based resources. By reasonably determining people's rights to certain knowledge and other information, the intellectual property system adjusts the interests among different groups of persons in the process of creating and utilizing knowledge and information, encourages innovation and promotes economic and social progress. In the world today, with the development of the knowledge-based economy and economic globalization, intellectual property is becoming increasingly a strategic resource in national development and a core element in international competitiveness, an important supporting force in building an innovative country and the key to hold the initiative in development. The international community attaches greater importance to intellectual property as well as innovation. Developed countries take innovation as the main impetus driving economic development, and make full use of the intellectual property system to maintain their competitive advantages. Developing countries actively adopt intellectual property policies and measures suitable for their respective national conditions to promote development.
(3) With years of development, China has been gradually improving its system of laws and regulations on intellectual property and constantly strengthening the enforcement level. Meanwhile, the intellectual property quantity has increased rapidly and their performance has constantly improved. Market entities have also made steady progress in improvement of their capacity to utilize intellectual property. China has expanded international exchanges in the field of intellectual property and increased its influence in international intellectual property affairs. The establishment and implementation of the intellectual property system have helped standardize China's market order, stimulated inventions and cultural creations, promoted China's opening up and importation of knowledge resources, and played an important role in China's economic and social development. However, China's intellectual property regime still needs improvement. The quality and quantity of the self-relied intellectual property still cannot meet the demands of economic and social development; the public awareness of the importance of intellectual property is comparatively weak; the capacity of market entities to utilize intellectual property is not very strong; infringement of intellectual property is still a relatively serious problem; there are still some cases of abuse of intellectual property; the intellectual property service and support system and training for all types of intellectual property personnel lag behind its development; and the role of intellectual property in promoting economic and social development needs to be strengthened.
(4) Implementing the national intellectual property strategy to greatly promote China's capacity in creation, utilization, protection and administration of intellectual property will help improve China's capacity for independent innovation and aid in efforts to make China an innovative country. It will also be conducive to improving China's socialist market economy, standardizing market order and encourage the society to be more creditworthy. It will also increase the market competitiveness of Chinese enterprises and strengthen the core competitiveness of the country. Finally, it will facilitate China's opening up further to the outside world, thereby leading to a win-win situation between China and the rest of the world. We must implement this intellectual property strategy an important national strategy and we must step up efforts in the area of intellectual property.
II. Guiding Principles and Strategic Goals
1. Guiding Principles
(5) In implementing the national intellectual property strategy, we need to follow the guidance of Deng Xiaoping Theory and the important thought of "Three Represents", comprehensively apply the Scientific Outlook on Development and abide by the policy of encouraging creation, effective application, legal protection and scientific administration. We must concentrate our efforts to improve the intellectual property system, actively work to create a favorable legal environment, market environment and cultural environment for the development of intellectual property in order to greatly improve China's capacity to create, utilize, protect and administer intellectual property. This will provide strong support for the effort to make China an innovative country and develop a moderately prosperous society in all respects.
2. Strategic Goals
(6) By 2020, China will become a country with a comparatively high level in terms of the creation, utilization, protection and administration of IPRs. The legal environment for IPRs is much better, market entities are much better at the creation, utilization, protection and administration of IPRs, the public awareness of intellectual property is increased greatly, the quality and quantity of the self-relied intellectual property are able to effectively support the effort to make China an innovative country, the role of the intellectual property system in promoting economic development, the culture prosperity and social progress in China become very apparent.
(7) Goals for the next five years:
鈥 The level of the self-relied intellectual property will be higher by a large margin and the quantity of intellectual property will be greater. China will rank among the advanced countries of the world in terms of the annual number of patents for inventions granted to the domestic applicants, while the number of overseas patent applications filed by Chinese applicants should greatly increase. A number of world-famous brands will emerge. The proportion of the GDP accounted for by the value of core copyright industries will greatly increase. China should own the rights to a number of high-quality new varieties of plants and high-level layout-designs of integrated circuits. Trade secrets, geographical indications, genetic resources, traditional knowledge as well as folklores will be effectively protected and reasonably utilized.
鈥 The benefits of utilizing intellectual property rights (IPRs) will be increased significantly and the proportion of products rich in IPRs should grow significantly. Enterprises should make progress in improving their system for managing intellectual property, invest more in the area of intellectual property and significantly improve their capacity to utilize intellectual property in market competition. A number of preponderant enterprises with famous brands, core intellectual property and rich experience in utilizing the intellectual property system will emerge.
鈥 The protection of IPRs will be significantly improved. Infringement of IPRs, such as piracy and counterfeiting, should be significantly reduced, the expense of protecting intellectual property right willdecrease a great deal and abuse of intellectual property should be effectively curbed.
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1,577,998 14,432,559 6,506
3,759 567,978 2,406
5,668 49,362 23,598
2,676 4,305 37,574
10,115 1,918 183,759
10,110 652 73,759
1,016 3,521 24,474
14,601 760 4,528
8,342 5,923
 
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