China Electric Power News's Interview with Zhang Xianyin, Chairman and General Manager of Tuoli Technology

Fair business environment encourages equipment enterprises to shift from manufacturing to intelligent manufacturing.

Source: China Electric Power News Author: Date: 16.11.07

Create a fair and just business environment for innovation

Motivating equipment enterprises to shift from manufacturing to intelligent manufacturing

China Electric Power News reporter Li Qingzhen

"in the current environment, respecting intellectual property rights, severely punishing infringements, and protecting intellectual property rights not only safeguard the rights and interests of the parties themselves, but also protect the technological innovation of equipment enterprises. let innovation go steadily in a fair, just and equal business environment and market order." Zhang Xianyin, chairman and general manager of Chengdu Tuoli Technology Co., Ltd., said in an interview with reporters that building a complete, efficient and strict intellectual property protection system is conducive to creating a social atmosphere that respects technological innovation, and promotes and encourages equipment companies to take innovation. As the core, so as to encourage equipment companies to shift from low-level manufacturing to high-level intelligent manufacturing.

In the view of Wang Guohua, a lawyer at Beijing Zhongwen Law firm, strengthening intellectual property protection can not only create a normal business atmosphere and effectively promote intellectual property rights holders' investment in intellectual property improvement, but also effectively prevent the occurrence of counterfeit products and promote fair trade in the market economy.

The State Continuously Strengthens the Protection of Intellectual Property Rights

"my country has formulated a large number of laws and regulations on intellectual property rights, such as patent law, trademark law, copyright law and other laws and regulations. These laws and regulations constitute my country's intellectual property legal system. For the issues involved in intellectual property protection, There is a clear legal basis." Wang Guohua said in an interview with reporters. Patent protection is a prominent feature of modern society. Under the guidance of the concept of governing the country according to law, China has made a series of arrangements for innovation and intellectual property protection from the top-level design. In recent years, China has issued a series of far-sighted innovation strategies and policies, including the "In-depth Implementation of the National Intellectual Property Strategy Action Plan (2014-2020)" and "Several Opinions on Accelerating the Construction of a Powerful Intellectual Property Country under the New Situation. The introduction of these systems embodies China's determination to strengthen the protection of intellectual property rights, stimulate innovation and improve the innovation environment.

In the view of Dong Mingzhu, a representative of the National People's Congress, to encourage independent innovation of enterprises, there must be a good atmosphere to protect patents. If the achievements of innovation are not respected and protected, who else is willing to devote themselves to innovation? if the vast number of enterprises as the main body of innovation do not have the motivation and willingness to innovate, if the whole society lacks an atmosphere of innovation, what can we rely on to build an innovative country?

At present, China is actively building an open economic system. Under the "Belt and Road Initiative" strategy, equipment enterprises have gone abroad one after another, especially in need of a good environment for international trade, investment and intellectual property protection. In this regard, equipment companies must be more proactive in using the intellectual property system, strengthen intellectual property protection, and play a greater role in participating, promoting and even leading international intellectual property protection and rule-making.

"At the national level, I think we should establish a sound system for the protection of intellectual property laws and regulations, so that intellectual property protection has a law to follow. The relevant departments should actively carry out intellectual property legal publicity work and broaden the channels for innovative enterprises to obtain evidence for infringement." Zhang Xianyin suggested that the relevant departments should increase the punishment of infringement, increase the cost of infringement, safeguard the legitimate rights and interests of innovative enterprises, and protect the technological innovation of enterprises.

Lawyer Suggests Raising Cost of IP Infringement

"There are certain deficiencies in the compensation for infringement, especially the civil compensation for malicious infringement is not strong enough. Some right holders pay higher costs in safeguarding their rights, but the compensation income is lower, which hinders the protection of some intellectual property rights holders." Wang Guohua put forward suggestions based on the current situation. In terms of malicious infringement, heavier economic penalties should be given, but for non-malicious infringement, the principle of prudence should be adopted to appropriately determine the amount of infringement compensation.

Some experts believe that some manufacturers do not respect intellectual property rights and abuse other people's labor achievements without paying consideration. This will not only damage the rights and interests of patent-owned enterprises, but also dampen the innovation enthusiasm of the whole industry. For most other manufacturers who respect intellectual property rights and pay consideration for patents, it is bound to create an unfair market competition environment.

As a bridge and link between innovation and the market, intellectual property is an important system to ensure the success of innovation and entrepreneurship, and an effective support to stimulate the enthusiasm of innovation and entrepreneurship and protect the achievements of innovation and entrepreneurship.

At present, the infringement of intellectual property rights is also puzzling some innovative enterprises. Chengdu Tuoli Technology Co., Ltd. has applied for 51 patents, including 29 authorized patents and 22 pending patents, including 4 international invention (PCT) patents. The company invests millions of yuan in innovation every year, and hundreds of thousands of yuan in patent maintenance and protection every year. In addition, it already has 6 registered trademarks such as "TALY Tuoli" and "Sailikang", among which "TALY Tuoli" has been recognized as a famous trademark in Sichuan Province and Chengdu City.

"Under the current situation, the cost of enterprise innovation is high and the cost of infringement is low. When enterprises encounter difficulties in obtaining evidence and litigation in intellectual property infringement disputes, the intellectual property rights of enterprises cannot be protected from infringement." In an interview with reporters, Zhang Xianyin said with concern, "If intellectual property rights are not to be infringed by imitating companies, in addition to the legal packaging protection of intellectual property rights by the company itself, it is more important to depend on whether the country adopts tough measures to maximize the imitation of enterprises. The cost of infringement has achieved the effect of dispelling its infringement thoughts. If this effect is not achieved, the innovation of the entire society will gradually die out." In fact, if the protection of intellectual property rights is not effective and infringed, it will cause enterprises and technical personnel to spend a lot of money, time and labor costs on project research and development. Because the cost of imitation is far lower than the cost of innovation, imitation products will eventually occupy the market advantage. Let enterprises lose the motivation for innovation, so that social innovation continues to fade.

When equipment companies encounter violations of intellectual property rights, how should they take up legal weapons to protect themselves?

In this regard, Wang Guohua gave suggestions. "When an act involving infringement of intellectual property rights occurs, the enterprise shall take active measures to obtain evidence for the infringement in a timely manner, fix the factual content of the relevant evidence of the existence of the infringement, and request the infringer to stop the infringement by issuing a lawyer's letter or warning letter. Intellectual property rights." In an interview with reporters, Wang Guohua said that if the letter sent is invalid, he can bring a lawsuit to the court to investigate the civil legal liability of the infringer, or he can complain to the relevant administrative department and request the administrative department to deal with the infringement.