By Wang Huaiyu, Personnel Bureau of General Office, DRC

Research Report, No.373, 2021 (Total 6438) 2021-12-7

Abstract: Research findings based on various forms of surveys show that the boom of new technologies has accelerated innovation and generated new innovation modes, posing new requirements for intellectual property rights (IPR) system. To meet the new demands raised by industrial sectors, the United States is developing a new balance of IPR different from that in early days of the 21st century. The system includes automatic prohibition exceptions and standard essential patents. Although the new balance has aroused great controversies, more and more industries and regions are inclined to accept it amid advance of the new technological revolution. Similar adjustments on the IPR systems in European countries and Japan have been made. The call for striking a new balance has also loomed up in China, while the demands are not entirely the same as those in other countries. China needs to attach importance to the development trend of the new balance, promote the development of new balance system at home backed by effective protection measures, and actively push ahead with changes in international rules to keep abreast with the performance of new technological revolution.

Keywords: new technology revolution, protection of intellectual property rights, automatic prohibition exceptions, standard essential patents