1. The Guide to Abuse of Intellectual Property Antitrust Regulations Launched
On June 4, according to the "Economic Information Daily", the National Development and Reform Commission's Price Supervision and Inspection and Anti-Monopoly Bureau organized a preparatory meeting to officially launch the research draft of the "Guidelines for the Abuse of Intellectual Property Anti-monopoly Regulations" (hereinafter referred to as the "Guide"). jobs. It is reported that the "Guide" will be aimed at intellectual property-related monopoly agreements, abuse of market dominance and concentration of operators, and refine the relevant provisions of the Anti-Monopoly Law, especially for the circumstances in which exemptions can be given specific guidelines. .
Previously, Zhang Handong, director of the Price Supervision, Inspection and Anti-Monopoly Bureau of the National Development and Reform Commission, said that at present, China needs to strengthen the anti-monopoly law enforcement against intellectual property abuse while emphasizing intellectual property protection. In addition, Zheng Bingwen, director of the American Institute of Chinese Academy of Social Sciences, also stated that China is a technology-important country, and some multinational corporations rely on their industry leadership and technological advantages to protect intellectual property rights in the name of intellectual property protection. Some developed countries and multinational corporations push high standards of intellectual property protection on the one hand, and set up intellectual property networks on the other, and obtain high licensing fees. Therefore, it can be seen that at present, we must learn to use anti-monopoly measures while protecting intellectual property rights.
In addition, according to the news of Xinhua News Agency on June 4, Han Xiucheng, director of the Intellectual Property Development Research Center of the State Intellectual Property Office, said that the level of intellectual property development in China has improved, but the environment needs to be optimized. At present, there are problems such as low cost of intellectual property infringement and weak protection, which has become a short-term constraint to development.
Therefore, the drafting and promulgation of this Guide is particularly important. According to industry experts, this will have a substantial impact on the exercise of intellectual property rights in the fields of information and communication, medicine, and sales of products and services.
2. The medical device industry is under the care of
The medical device industry is a knowledge-tech-intensive industry, and the current intellectual property litigation in the industry continues to rise. In addition, it is also a high-risk area for intellectual property monopolistic behavior. Not long ago, the intellectual property lawsuits of Siemens and Shanghai Lian Ying were a notable case of this situation. In addition, domestic high-end medical equipment and equipment will face the monopoly of the industry and the intellectual property protection of the export location in the export overseas market, and finally fall into the dilemma of dilemma.
High-end medical equipment and equipment are profitable. The foreign-funded enterprises led by GPS have occupied nearly 80% of China's market share for a long time, and domestic medical equipment enterprises cannot organize effective competition for a period of time. This lack of competition makes foreign-funded enterprises To a certain extent, a monopoly alliance has been formed, which has the power to decide on patents and prices. The high-end medical equipment manufacturing enterprises are the main technology introduced in China, which makes the domestic medical equipment industry subject to the disadvantages of people, and ultimately leads to any improper behavior of intellectual property licensors in the case of patents. Equipment companies will be greatly affected, and China will naturally become the most affected market.
The Qualcomm case, a typical intellectual property anti-monopoly case that received much attention from the world last year, reflects to some extent the situation faced by most industries in China. In the process of patent negotiations with Qualcomm, many Chinese companies have almost no negotiating power, which is almost a situation in which “Americans have to sign how to sign.†Nowadays, through anti-monopoly law enforcement, domestic giants such as Huawei and ZTE can naturally sit on the same level as Qualcomm and sit down and negotiate on an equal footing.
With this precedent, domestic medical device companies can negotiate more with intellectual property and industry monopolies in foreign countries, instead of being subject to others. On this basis, domestic medical device companies can achieve a true rise! Umi can also compete with GPS on a fair platform.
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