On Government Service Obligations In Overseas Intellectual Property Protection In China

In the era of intellectual property economy,intellectual property has become an important strategic resource of the country.With the deepening of China's opening to the outside world,in the national strategy of "going out" and "area" initiative's encouragement,China's foreign trade and foreign investment have developed rapidly,but our country enterprise in foreign investment and foreign trade in the face of the host country enterprise and individual problem of the infringement of intellectual property rights is becoming more and more serious,due to its protection ability is insufficient,lead to protect effect is unsatisfactory,so frequently suffered in overseas competition,businesses can't alone to strong overseas intellectual property protection,need government overseas intellectual property protection to provide various services for the enterprise.In government for overseas in the protection of intellectual property rights the most important thing is to clear and perfect the government service in overseas intellectual property rights protection obligations,clearly define the service function of government protection of intellectual property rights overseas,promote the comprehensive and fully implemented the government service functions,to promote the healthy development of China's foreign investment and foreign trade.Overseas intellectual property protection is not only the need for enterprises to survive and develop overseas,but also the responsibility and obligation of the government.It can be said that to clarify the government service obligation in overseas intellectual property protection is the internal demand of enhancing international competitiveness,promoting national economic development and building a service-oriented government.In the future,intellectual property will be the core competitiveness of a country in international trade and investment.Clarifying and improving the government's service obligations in overseas intellectual property rights will help ensure the smooth implementation of the "going global" strategy and the "One Belt And One Road" initiative,and promote the stable and sustainable development of enterprises in overseas competition.The government should provide relatively complete legal services for overseas intellectual property protection for foreign trade and foreign investment enterprises.At the level of domestic law,it is necessary to improve the protection of intellectual property rights in foreign trade and foreign investment in domestic law,including the protection of foreign trade law,overseas legal system and foreign investment legal system on overseas intellectual property rights.At the level of international law,it is.necessary to introduce IPR protection clauses into the bilateral investment treaties and improve the IPR protection contents in the free trade agreements.The government shall provide the intelligence and information services needed to protect the overseas intellectual property rights of enterprises.Being familiar with the intellectual property laws and policies of the host country is the premise and foundation for enterprises to "go global".The government should actively collect domestic and international intellectual property laws and policies of the host country for enterprises,and release and update them in a timely manner.In addition,it should actively provide enterprises with information on intellectual property litigation and law enforcement of the host country,so as to provide a practical guarantee for enterprises to confirm,maintain and safeguard intellectual property rights overseas.Our government should also undertake the obligation of providing enterprises with intellectual property rights and product output record service,foreign intellectual property compliance and legal risk prevention service obligation and the service obligation of ensuring funds and talents and the service obligation of diplomatic coordination and protection,to provide all-round protection for the security of China's overseas intellectual property rights and ensures that China's rights and interests are fully and effectively protected overseas.