Reflections on Policies to Optimize IP Rights Exchange Market Ma Weiye Director of Patent Administration Dept. of SIPO, Researcher Deputy Chairman of Executive Council of China Research Society for Development Strategies Executive Director of China Appraisal Society Executive Director of China Association of Inventions Member of Economic Committee of All China Federation of Industry & Commerce Professor of China University of Political Science & Law, Tongji University, Central University of Finance & Economics, Northwest University, Beijing University of Chemical Hefei University of Technology, Nanjing University of Science & Technology, and Tianjin University of Finance & Economics Nov. 22, 2011 Shanghai
Transcript
Reflections on Policies to Optimize IP Rights Exchange Market
Ma Weiye
Director of Patent Administration Dept. of SIPO, Researcher
Deputy Chairman of Executive Council of China Research Society for Development Strategies
Executive Director of China Appraisal Society
Executive Director of China Association of Inventions
Member of Economic Committee of All China Federation of Industry & Commerce
Adjunct Professor of China University of Political Science & Law, Tongji University, Central University of Finance & Economics, Northwest University, Beijing University of Chemical Technology,
Hefei University of Technology, Nanjing University of Science & Technology, and Tianjin University of Finance & Economics
Nov. 22, 2011 Shanghai
Requirements on the implementation of IP strategy
Several current factors restricting the development
Government initiatives to guide market development
Reflections on the optimization of the development of
exchange market
How
to Optim
ize IP R
ights Exchange M
arket
1. Requirements on the implementation of IP strategy
Give full play to the
role of technology
market,
build an IP trading
system
with sufficient
information,
active trading and good
order. Streamline trading
procedures, reduce
trading
costs, and provide quality
services.
Management
IP exchange market
A basic requirement
1. Requirements on the implementation of IP strategy
Creation
Application
Fundamental function: value realization
Protection
A major tool
2. Several current factors restricting the development
2
1
3
4
5
IP Exchange Market
Absence of law Because it is new, IP exchange
market is facing a legal gap.
Survival relying on government transfusion Viewing from the establishment
of IP exchanges, many are products of government monopoly.
Bad commercial operation mode e.g. lack of fixed standards for
intangible asset evaluation, single form of trading, etc.
Inadaptability of intermediary services Qualification of IP
appraisers: no administrative penalties for intermediary agencies and personnel.
Culture of integrity is yet to be formed Bad faith is the most serious
concept obstacle to the current development of IP exchange market.
3. Government initiatives to guide market development
Policy SupportPlatform Construction
3. Government initiatives to guide market development
Seven Rules
1. In what circumstances will
asset appraisal be needed?
2. Who is qualified to conduct appraisal?
3. Who will certify the qualification?
4. Who will guide the appraisal?
5. What principles will be adhered to
in the appraisal?
6. Independence of the appraisal
7. Violation process
In 2006, SIPO launched the IP Appraisal Promotion Program.
Policy Support
3. Government initiatives to guide market development
Policy Support
1st (2008)
Haidian District
Nanchang
Changchun
Xiangtan
Foshan Nanhai District
Ningxia Hui Autonomous Region
2nd Batch（ 2009）Guangzhou
Wenzhou
Dongguan
Wuxi
Chengdu
Yichang
3. Government initiatives to guide market development
Policy Support
I. Set up collaborative promotion mechanism to
promote IP pledge financing
II. Innovate service mechanism for IP pledge
financing
III. Establish and improve risk management
mechanism for IP pledge financing
IV. Perfect appraisal management system for IP
pledge financing
V. Set up management mechanism conducive to
IP transfer
Policy Support3. Government initiatives to guide market development
Policy Support3. Government initiatives to guide market development
3. Government initiatives to guide market development
Platform Construction
41 national patent technology exhibition and trading
centers
4. Reflections on the optimization of the
development of exchange market
1. System and mechanism
2. Element configuration3. Platform construction
4. Intermediary services
5. Culture of integrity
4. Reflections on the optimization of the
development of exchange market
System and Mechanism
Gradually break the management mode of government monopoly
Guidance of government policies
Support of state laws
Operation of market mechanism
4 2Market Elements
3
Element Configuration
A certain amount of goods available for exchange
1S
ellers providing goods to the market
Buyers demanding goods
Micro-m
arket consisting of population, purchasing pow
er and desire to buy
4. Reflections on the optimization of the
development of exchange market
4. Reflections on the optimization of the
development of exchange market
Platform Construction
Integrate existing exchange centers
Construct nationally unified platform
Intermediary Services
Qualification certification
Multiple formsPenalties in place
4. Reflections on the optimization of the
development of exchange market
Culture of Integrity
M
aliciously bad faith
Well-intentioned bad faith
Har
d-to
-say
bad
faith
4. Reflections on the optimization of the
development of exchange market
Maliciously
bad faith
“News 1+1” on CCTV news channel on Apr. 13, 2011
“I will not eat these steamed breads, not even I am beaten to death, not even I am starved to death！”
Culture of Integrity4. Reflections on the optimization of the
development of exchange market
Eat to cure diseases
from eating!
Eating rice is
eating poisons!
“Encyclopedia”
of Hunan Satellite TV
Culture of Integrity4. Reflections on the optimization of the
development of exchange market Maliciously
bad faith
Li Lianda, academician of
Chinese Academy of Engineering
Lu Jierong, Vice Li Xiaoming, Vice President of
President of Liaoning University Anhui Agricultural University
Zhou Zude, President
of Wuhan University of Technology Huang Qing, Vice President
of Southwest Jiaotong University
Culture of Integrity4. Reflections on the optimization of the
development of exchange market Maliciously
bad faith
In 132 AD, Zhang Heng of Eastern Han invented the seismograph.
The Great Wall is the only
architecture on the Earth that
can be seen from space
Liu Bao, Emperor
Shun of HanZhang Heng
Culture of Integrity4. Reflections on the optimization of the
development of exchange market Well-in
tentio
ned
bad faith
Hard-to-say
bad faith
Correct nonsense
Nice idle talk
Fashionable new words
Strict stereotyped expressions
Lies against the conscience
Leaders do not
like the truth.
Culture of Integrity4. Reflections on the optimization of the
development of exchange market
On Feb. 21, 2010 Beijing time, in the women's 1,500m short track speed skating at Vancouver Winter Olympics, Chinese athlete Zhou Yang fought alone in the encircle of three Korean athletes and broke the Olympic record with 2 minutes 16 seconds 993, being the champion of the event.
This is my dream. I think
that winning the gold medal
will make my mom and dad live
a little better.
Hard-to-say
bad faith
Culture of Integrity4. Reflections on the optimization of the
development of exchange market
Maliciously
bad faith
Hard-to-say
bad faith
Well-intentioned
bad faith
Integrity Crisis
Th
e big
ge
st con
cept o
bstacle to
the d
evelop
men
t ind
epen
den
t
inn
ovatio
n, IP
pro
tection
and
IP
exchan
ge m
arket
Culture of Integrity4. Reflections on the optimization of the
development of exchange market
Effect of
bad faith
The content, form
and creation of this courseware
are independent creative work of the speaker.
The speaker advocates the protection of intellectual
