论文部分内容阅读
Abstract. Regional brand of intellectual property rights and its series of relevant issues are of great significance in the regional economic competitiveness and the regional economic development, which ensured a long-term and stable development of regional economy in our country. This article aims to point out the existing problems in the regional brand protection of intellectual property rights through elaborating the concept of regional brand protection of intellectual property, and puts forward corresponding reasonable measures to promote the development of regional economy.
Keywords: Regional Economic; Intellectual Property; Brand Protection; Trademark Right.
1. Introduction
Intellectual property is a kind of intangible property right and is a kind of soft power, which involved the benefits of manufacturer of knowledge products and social interests. Because of publicness of intellectual products, the social benefit is much higher than the benefit obtained by the manufacturer. It is necessary for the society to confirm the ownership of intellectual property right and establish the incentive mechanism of knowledge creation in order to prevent "free-rider" phenomenon and solve the externality of economic incomes of knowledge products [1]. So, the concept of the intellectual property was widely used in the world since the second half of the 20th century, mainly including the trademark, patent right and copyright. The second rule of intellectual property organization treaty in 1967 clearly defined the scope of intellectual property, which includes: the rights of the literary, artistic and scientific works; the performance, recording and broadcasting rights; to enjoy the rights of all activities in the field of invention; to enjoy the rights of scientific discovery; the appearance design of rights; the trademarks, service marks, vendor name and trade rights; to stop unfair competition rights; And to enjoy all other rights associated with the intellectual activity in the field of industrial, scientific, literary or artistic. Since the TRIPS agreement was endorsed and our country joined the world trade organization, the trademark law, patent law, copyright law and other laws were modified and replenished on the foundation of original intellectual property protection system, and the intellectual property system was improved consequently. Along with the economic globalization and the rapid development of science and technology, the intellectual property has become the key point to competition and play great role in the core competitiveness of enterprises, regional and nation. Thus, protection of the intellectual property rights is more outstanding. Because the essence of the internationalization of the world economy is the result of the globalization flow of factors of production according to productivity development, during the process of flow, cooperative and competitive side coexist. In the one hand, developing countries can introduce and make use of the world's advanced science and technology to implement technology innovation, on the other hand, the developed countries plays a leading role in the economic globalization, so they may use a large number of advanced science and technology to make technical monopoly leading to the uneven distribution of interests among countries and hinder the promotion and application of advanced science and technology. The intellectual property strategy was regarded as a national development strategy in the United States as early as 1979, and "Nation built on intellectual property" was proposed early and as a basic national policy in Japan. Therefore, protection of intellectual property rights showed a worldwide growing trend in recent years, one of the important contents was intellectual property brand protection increase which mainly contained trademark law. Some multinational companies strengthen brand protection strategies in our country, which hinder the domestic enterprise technical innovation and market development. So, in the legal system of intellectual property right, regional brand of intellectual property rights and its series of relevant issues are of great significance in the regional economic competitiveness and development, which ensured a long-term and stable development of regional economy in our country. The article aims to help to enhance the regional core competitiveness and to form a good regional market economic order and promote the long-term development of regional economy in our country through analysis and research of regional brand protection of intellectual property rights. 2. Summary of regional brand protection of
intellectual property
Regional brand protection of intellectual property is an important content of regional intellectual property strategy. Mr Duicheng Wang thought, regional intellectual property strategy are made up of patent strategy, brand strategy, technology innovation strategy and a series of involving intellectual property rights in pillar industries and backbone enterprises associated with core competitive ability, and include comprehensive system of strategy to ensure guarantee long-term development of pillar industries and backbone enterprises[2]. Regional brand protection of intellectual property falls in between the national brand protection of intellectual property and enterprise brand protection of intellectual property rights. Because in the one hand, regional brand of intellectual property protection received constraints and guidance of the national brand of intellectual property protection, on the other hand, regional brand protection of intellectual property give constraints and guidance to the national brand protection of intellectual property. To be specific, the regional brand protection of intellectual property proposed by regional economic organizations is mainly to ensure the regional competitive advantage in the market and knowledge competition, using the intellectual property system, integrating local intellectual property resources, and to establish regional brand with the region characteristic, and carries on the long-term, comprehensive overall planning. The objective is to create regional intellectual property rights brand, to strengthen the capacity for independent innovation of regional intellectual property brand, and to improve the core competitiveness of the area as a whole according to the national intellectual property system, regional economic development plan, market leading and government guidance, combined with the national and regional economic development condition and intellectual property environments.
3. The existing problems of regional brand protection of intellectual property
Since the TRIPS agreement was endorsed and our country joined the world trade organization, despite the trademark law, patent law, copyright law and other laws were modified and replenished on the foundation of original intellectual property protection system, and the intellectual property system was improved consequently, But in the development of regional economy, regional brand protection of intellectual property still exist many problems, which constrained the long-term development of regional economy. 3.1 Insufficient understanding for the regional brand protection of intellectual property
At present, although some enterprises have recognized that brand protection of intellectual property rights play great role in promoting economic development, but for the consciousness of the brand protection of intellectual property is still very weak, and the importance and necessity of the brand protection of intellectual property were not fully realized, and the policies and regulations failed to implement. The propaganda of the competent department of the government needs to be strengthened, it is of great importance to make people realize that the brand of intellectual property has the invisibility which is also vulnerable to abuse when it can bring the remarkable economic benefits for enterprises. As a result, it is particularly important for enterprise to strengthen the protection of intellectual property brand.
3.2 Lack of professional talents on the regional brand protection of intellectual property
There are relative little professional talents engaged in the regional brand protection of intellectual property , especially those with high level to meet the needs of international competition, which result in the poor competition of regional intellectual property brand against the international competition. Because of lack of professional talents on regional brand protection of intellectual property, scattered management function, poor intermediary service quality and narrow business were often found in the area of intellectual property management. And furthermore, as to professional talent training plan, there are more intermediate term and long-term plan, which make it more urgent for the relative lack of specialists in current.
3.3 The lack of cooperation, defense deployment of regional brand protection of intellectual property
Due to the regional brand protection of intellectual property is at the fledgling stage and is in the spontaneous process, there are few specific strategy to ensure cooperation and defense of the regional brand protection of intellectual property, most of which were guiding principle, there are no specific safeguard measures to ensure regional brand cooperation and defense for the protection of intellectual property, such as the regional brand of intellectual property protection and transfer.
3.4 Regional brand protection of intellectual property is not closely with the regional economic development planning Although we have realized and paid attention to stimulation of regional brand protection of intellectual property to the long-term development of regional economy, the regional brand protection of intellectual property is not closely combined with regional economic development planning, and without forming a good strategic match. The specific measures should be formulated to guarantee the combination of regional brand protection of intellectual property strategy and the regional economic development and regional advantage of the economic resources, and to coordinate various administrative departments provide integrated management and guide each work of the regional brand protection of intellectual property.
4. Concrete measures to perfect the regional brand protection of intellectual property
Aims at some of the problems in brand protection of intellectual property rights in our country, and draw some lessons from other country as to the legislation, management, policy and experience in the brand protection of intellectual property, following suggestions were put forward.
First, strengthen the education and Propaganda of the regional brand protection of intellectual property; improve the awareness for the protection of regional brand of intellectual property. Once foreign enterprises, especially multinational companies want to enter the Chinese market, they usually first occupied the market with "brand". While the Chinese enterprises' brand awareness for the protection of intellectual property is worrying, and international famous brands are very few. How to strengthen the enterprise brand competition consciousness, create well-known trademark, sets up the enterprise image, become a prerequisite to strengthen the regional brand protection of intellectual property. As a result, the government and the enterprise concept for the brand protection of intellectual property need to be improved, the awareness for the brand protection of intellectual property should be strengthened. Thus, we need make out of the protection of regional intellectual property brand and maximize the use of advantage of the regional intellectual property brand, and strengthen the propaganda of brand protection effects of intellectual property rights, major events and typical cases, and enhance regional public consciousness of intellectual property rights.
Second, strengthen the construction of management system and talent teams of brand of intellectual property, especially personnel training on intellectual property in intermediary service, and improve the level of management and operation of intellectual property. Government departments at all levels should integrate professional talent resources and education resources of intellectual property rights, grasp the development trend and should form a set of institutional arrangements on talent cultivation and short term, medium term and long term training plans respectively, and strive to cultivate professional talents with international high level of brand protection intellectual property, management and operation. Third，we should establish an information center about brand of intellectual property. It is an important foundation for the protection of intellectual property rights to effectively use intellectual property brand information. The construction of regional intellectual property information center should be strengthened. The integration and network of intellectual property brand information should be accomplished in order to promote the effective utilization and information resources sharing of brand and improve the starting point of regional brand protection of intellectual property.
Fourth, trademark strategy of regional intellectual property should be set up. The regional brand protection of intellectual property should be closely connected to the regional economic development. The construction of creating a brand and keeping the brand should be proposed. The government departments should play its leading role, and guide enterprises to strengthen the brand consciousness and produce "famous, excellent, special" products and then created a well-known trademark. We should set up famous brand mutual recognition system and the principle that famous brand can be given high priority for enter the market. We should effectively use rich local natural resources and cultural background, dig geographical indication resources in the region, vigorously protect the name of the origin country, organize and coordinate to carry out the trademark application.
Fifth, regional intellectual property association should play its full function to maintain the benefits of the enterprise. And regional intellectual property association should play its role in the regional brand protection of intellectual property rights, Take effective way to integrate regional industry association, and strengthen the communication and cooperation with the industry association in the intellectual property rights at home and abroad to make it integrated and internationalized.
5. Acknowledgement
The Soft science research project of HeBei province: Regional brand protection of intellectual property and long-term regional economic growth and its internal mechanism research . Project number :(134576257).
References
[1] Wuhandong．Basic system economics thinking about intellectual property rights [J]. The science of law, 2000.4.
[2] Wangduicheng，Yiyu．Establish a regional intellect ual property strategy，The revitalization of northeast old industrial base [J]．Science and technology information guides, 2007.3.
Keywords: Regional Economic; Intellectual Property; Brand Protection; Trademark Right.
1. Introduction
Intellectual property is a kind of intangible property right and is a kind of soft power, which involved the benefits of manufacturer of knowledge products and social interests. Because of publicness of intellectual products, the social benefit is much higher than the benefit obtained by the manufacturer. It is necessary for the society to confirm the ownership of intellectual property right and establish the incentive mechanism of knowledge creation in order to prevent "free-rider" phenomenon and solve the externality of economic incomes of knowledge products [1]. So, the concept of the intellectual property was widely used in the world since the second half of the 20th century, mainly including the trademark, patent right and copyright. The second rule of intellectual property organization treaty in 1967 clearly defined the scope of intellectual property, which includes: the rights of the literary, artistic and scientific works; the performance, recording and broadcasting rights; to enjoy the rights of all activities in the field of invention; to enjoy the rights of scientific discovery; the appearance design of rights; the trademarks, service marks, vendor name and trade rights; to stop unfair competition rights; And to enjoy all other rights associated with the intellectual activity in the field of industrial, scientific, literary or artistic. Since the TRIPS agreement was endorsed and our country joined the world trade organization, the trademark law, patent law, copyright law and other laws were modified and replenished on the foundation of original intellectual property protection system, and the intellectual property system was improved consequently. Along with the economic globalization and the rapid development of science and technology, the intellectual property has become the key point to competition and play great role in the core competitiveness of enterprises, regional and nation. Thus, protection of the intellectual property rights is more outstanding. Because the essence of the internationalization of the world economy is the result of the globalization flow of factors of production according to productivity development, during the process of flow, cooperative and competitive side coexist. In the one hand, developing countries can introduce and make use of the world's advanced science and technology to implement technology innovation, on the other hand, the developed countries plays a leading role in the economic globalization, so they may use a large number of advanced science and technology to make technical monopoly leading to the uneven distribution of interests among countries and hinder the promotion and application of advanced science and technology. The intellectual property strategy was regarded as a national development strategy in the United States as early as 1979, and "Nation built on intellectual property" was proposed early and as a basic national policy in Japan. Therefore, protection of intellectual property rights showed a worldwide growing trend in recent years, one of the important contents was intellectual property brand protection increase which mainly contained trademark law. Some multinational companies strengthen brand protection strategies in our country, which hinder the domestic enterprise technical innovation and market development. So, in the legal system of intellectual property right, regional brand of intellectual property rights and its series of relevant issues are of great significance in the regional economic competitiveness and development, which ensured a long-term and stable development of regional economy in our country. The article aims to help to enhance the regional core competitiveness and to form a good regional market economic order and promote the long-term development of regional economy in our country through analysis and research of regional brand protection of intellectual property rights. 2. Summary of regional brand protection of
intellectual property
Regional brand protection of intellectual property is an important content of regional intellectual property strategy. Mr Duicheng Wang thought, regional intellectual property strategy are made up of patent strategy, brand strategy, technology innovation strategy and a series of involving intellectual property rights in pillar industries and backbone enterprises associated with core competitive ability, and include comprehensive system of strategy to ensure guarantee long-term development of pillar industries and backbone enterprises[2]. Regional brand protection of intellectual property falls in between the national brand protection of intellectual property and enterprise brand protection of intellectual property rights. Because in the one hand, regional brand of intellectual property protection received constraints and guidance of the national brand of intellectual property protection, on the other hand, regional brand protection of intellectual property give constraints and guidance to the national brand protection of intellectual property. To be specific, the regional brand protection of intellectual property proposed by regional economic organizations is mainly to ensure the regional competitive advantage in the market and knowledge competition, using the intellectual property system, integrating local intellectual property resources, and to establish regional brand with the region characteristic, and carries on the long-term, comprehensive overall planning. The objective is to create regional intellectual property rights brand, to strengthen the capacity for independent innovation of regional intellectual property brand, and to improve the core competitiveness of the area as a whole according to the national intellectual property system, regional economic development plan, market leading and government guidance, combined with the national and regional economic development condition and intellectual property environments.
3. The existing problems of regional brand protection of intellectual property
Since the TRIPS agreement was endorsed and our country joined the world trade organization, despite the trademark law, patent law, copyright law and other laws were modified and replenished on the foundation of original intellectual property protection system, and the intellectual property system was improved consequently, But in the development of regional economy, regional brand protection of intellectual property still exist many problems, which constrained the long-term development of regional economy. 3.1 Insufficient understanding for the regional brand protection of intellectual property
At present, although some enterprises have recognized that brand protection of intellectual property rights play great role in promoting economic development, but for the consciousness of the brand protection of intellectual property is still very weak, and the importance and necessity of the brand protection of intellectual property were not fully realized, and the policies and regulations failed to implement. The propaganda of the competent department of the government needs to be strengthened, it is of great importance to make people realize that the brand of intellectual property has the invisibility which is also vulnerable to abuse when it can bring the remarkable economic benefits for enterprises. As a result, it is particularly important for enterprise to strengthen the protection of intellectual property brand.
3.2 Lack of professional talents on the regional brand protection of intellectual property
There are relative little professional talents engaged in the regional brand protection of intellectual property , especially those with high level to meet the needs of international competition, which result in the poor competition of regional intellectual property brand against the international competition. Because of lack of professional talents on regional brand protection of intellectual property, scattered management function, poor intermediary service quality and narrow business were often found in the area of intellectual property management. And furthermore, as to professional talent training plan, there are more intermediate term and long-term plan, which make it more urgent for the relative lack of specialists in current.
3.3 The lack of cooperation, defense deployment of regional brand protection of intellectual property
Due to the regional brand protection of intellectual property is at the fledgling stage and is in the spontaneous process, there are few specific strategy to ensure cooperation and defense of the regional brand protection of intellectual property, most of which were guiding principle, there are no specific safeguard measures to ensure regional brand cooperation and defense for the protection of intellectual property, such as the regional brand of intellectual property protection and transfer.
3.4 Regional brand protection of intellectual property is not closely with the regional economic development planning Although we have realized and paid attention to stimulation of regional brand protection of intellectual property to the long-term development of regional economy, the regional brand protection of intellectual property is not closely combined with regional economic development planning, and without forming a good strategic match. The specific measures should be formulated to guarantee the combination of regional brand protection of intellectual property strategy and the regional economic development and regional advantage of the economic resources, and to coordinate various administrative departments provide integrated management and guide each work of the regional brand protection of intellectual property.
4. Concrete measures to perfect the regional brand protection of intellectual property
Aims at some of the problems in brand protection of intellectual property rights in our country, and draw some lessons from other country as to the legislation, management, policy and experience in the brand protection of intellectual property, following suggestions were put forward.
First, strengthen the education and Propaganda of the regional brand protection of intellectual property; improve the awareness for the protection of regional brand of intellectual property. Once foreign enterprises, especially multinational companies want to enter the Chinese market, they usually first occupied the market with "brand". While the Chinese enterprises' brand awareness for the protection of intellectual property is worrying, and international famous brands are very few. How to strengthen the enterprise brand competition consciousness, create well-known trademark, sets up the enterprise image, become a prerequisite to strengthen the regional brand protection of intellectual property. As a result, the government and the enterprise concept for the brand protection of intellectual property need to be improved, the awareness for the brand protection of intellectual property should be strengthened. Thus, we need make out of the protection of regional intellectual property brand and maximize the use of advantage of the regional intellectual property brand, and strengthen the propaganda of brand protection effects of intellectual property rights, major events and typical cases, and enhance regional public consciousness of intellectual property rights.
Second, strengthen the construction of management system and talent teams of brand of intellectual property, especially personnel training on intellectual property in intermediary service, and improve the level of management and operation of intellectual property. Government departments at all levels should integrate professional talent resources and education resources of intellectual property rights, grasp the development trend and should form a set of institutional arrangements on talent cultivation and short term, medium term and long term training plans respectively, and strive to cultivate professional talents with international high level of brand protection intellectual property, management and operation. Third，we should establish an information center about brand of intellectual property. It is an important foundation for the protection of intellectual property rights to effectively use intellectual property brand information. The construction of regional intellectual property information center should be strengthened. The integration and network of intellectual property brand information should be accomplished in order to promote the effective utilization and information resources sharing of brand and improve the starting point of regional brand protection of intellectual property.
Fourth, trademark strategy of regional intellectual property should be set up. The regional brand protection of intellectual property should be closely connected to the regional economic development. The construction of creating a brand and keeping the brand should be proposed. The government departments should play its leading role, and guide enterprises to strengthen the brand consciousness and produce "famous, excellent, special" products and then created a well-known trademark. We should set up famous brand mutual recognition system and the principle that famous brand can be given high priority for enter the market. We should effectively use rich local natural resources and cultural background, dig geographical indication resources in the region, vigorously protect the name of the origin country, organize and coordinate to carry out the trademark application.
Fifth, regional intellectual property association should play its full function to maintain the benefits of the enterprise. And regional intellectual property association should play its role in the regional brand protection of intellectual property rights, Take effective way to integrate regional industry association, and strengthen the communication and cooperation with the industry association in the intellectual property rights at home and abroad to make it integrated and internationalized.
5. Acknowledgement
The Soft science research project of HeBei province: Regional brand protection of intellectual property and long-term regional economic growth and its internal mechanism research . Project number :(134576257).
References
[1] Wuhandong．Basic system economics thinking about intellectual property rights [J]. The science of law, 2000.4.
[2] Wangduicheng，Yiyu．Establish a regional intellect ual property strategy，The revitalization of northeast old industrial base [J]．Science and technology information guides, 2007.3.