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Significance of The Intellectual Property Rights Enforcement

中图分类号：D923.4 文献标识码：A 文章编号：1003-2738（2011）12-0129-02

Abstract: Outline of the National Intellectual Property Strategy, which was promulgated and

implemented by State Council in June 5, 2008, puts forward "transform independent innovative

achievements into intellectual properties" definitely. The Report of The Thirteenth National

Congress of our Party considers building an innovative country as priority in our development

strategy and the key to promote the overall strength of our nation. Overall, transforming

independent innovative achievements into intellectual properties has momentous and far-reaching

historical significance when it comes to build an innovative country.

Key words: intellectual property ; enforcement of intellectual property rights; innovative country

Enforcement of intellectual property rights, short for transforming independent innovative

achievements into intellectual properties, refers to the rapid and extensive transformation from

independent innovative achievements into intellectual properties by legal procedure. The meaning

of enforcement of intellectual property rights has embodied into the concept of intelligence

property and is a behavioral process transforming from intellectual achievements to civil rights.

Intellectual property strategy and enforcement of intellectual property rights have mutual task but

differ in that enforcement of intellectual property rights is the most fundamental and long-term

target while intellectual property strategy is only a periodical target. Enforcement of intellectual

property rights has momentous and far-reaching historical significance for building an innovative

country, and nudging the people to be more innovative.

1. Enforcement of Intellectual Property Rights Has Strategy Significance on Overall Growth of

Comprehensive Competitive Power

With the globalization of the economy and the advent of knowledge economy, comprehensive

competitive power has been embodied as intellectual property competition. Strengthening self-

directed innovation and improving self-directed innovation capability should be considered as a

national strategy, essentiality for adjusting economic structure and transiting increase mode and

improving competitiveness of the State, and constructing innovative country should be taken as the

great strategic choice for the future. To make full use of knowledge resource has historical

significance when it comes to develop and utilize intellectual resources with great efforts, to

transform economic developing modes, to release constrains from the resource environment, to

enhance state core competitiveness and to satisfy people’s growing needs for material and cultural

lives.

2. Enforcement of Intellectual Property Rights Contributes to Rapid Economic Growth

Intellectual property is the key to enhance state core competitiveness. And intellectual property

transformation consists in transformation from independent innovative achievements into

intellectual properties by legal procedure. Only by effective protect of intellectual property, can

China enthusiasm for innovation be stimulated and innovative activities be booming. And the

ultimate goal of promoting the development of science, technology and the social economy is

achieved. Meanwhile, it is proceeding from the needs of expanding the opening up and

transforming economic developing modes. Consequently, intellectual property transformation

makes great sense to optimize economic environment.

3. Enforcement of Intellectual Property Rights Maximizes Intellectual Resources

Intellectual property system guarantee the exclusive right of patentee, at the same time, the

subject matter of a patent is formulated to be disclosed. Therefore, the scientists and technicians

are available to relevant patent information through patent retrieval in order to aviod wasting a

large amount of manpower, material resources and financial resources on the same issue. The key

to enforcement of intellectual property rights is the transformation from independent innovative

achievements into intellectual properties by legal procedure, and it will help blazing a new trail to

industrialization featuring high scientific and technological content, good economic returns, low

resources consumption, little environmental pollution and a full display of advantages in all kinds of

resources.

4. Enforcement of Intellectual Property Rights is Advantageous to Legal Consciousness

In today’s world, with the deep development of knowledge-based economy and economic

globalization, the intellectual property is increasingly becoming a strategic resource for national

development, a core element of state’s international competitiveness and a critical support for

building an innovative country. The intellectual property system is a basic system for development

and utilization of intellectual resources. The intellectual property system impels innovation and

advances economic development and social progress by reasonably defining people’s rights on

knowledge and other information, and adjusting interest relationship raised from the creation and

utilization of knowledge and information. Therefore, with a strong sense of intellectual property,

the level and ownerships of independent intellectual properties are able to meet the demands for

supporting the construction of an innovative country.

5. Enforcement of Intellectual Property Rights Has Far-reaching Significance When It Comes to

Build an Innovative Country

Strengthening self-directed innovation should be considered as a national strategy, transiting

increase mode and improving competitiveness of the State, and constructing innovative country

should be taken as the great strategic choice for the future. The implementation of the national

intellectual property strategy and endeavors in largely improving abilities in creation, utilization,

protection and administration of intellectual property are conductive to strengthen China’s

independent innovation ability to build an innovative country. Therefore, much attention should be

given to the headspring of independent innovation, cultivating innovative talents, impelling

enterprise being the object of independent innovation. Only by continuous practice of theory

innovation, mechanism innovation, system innovation and technical innovation, can the

development of socialism with Chinese characteristics be pushed forward powerfully.

References:

[1]Outline of the National Intellectual Property Strategy issued by State Council, June 5, 2008.

[2]Yu Zhenghe, Li Na(2009). On the Enforcement of Intellectual Property Rights, Oriental Forum [J].

Introduction of The Author:Wu Zhixiang (1985--) ,Male ,Han, Qingdao University, research field :

Intellectual Property Rights Litigation.