Creative Industry Intellectual Property Management

Author: Intellectual Property Center of Shanghai Xie Li Law Firm
Publisher:
Publish Date: 2006-10-01
Features: In the burgeoning knowledge economy era, countries are engaging in fierce competition over intellectual property—intellectual property has become an undeniable focal point and hot topic in international competition. In June 2004, Premier Wen Jiabao, during a visit to Haier Group, clearly stated: "The future competition in the world will be a competition of intellectual property." Intangible intellectual property not only holds immense wealth but also concerns a country's international status and dignity. In the 1950s, U.S. exported products relied on intellectual property to the extent of only 10%. However, as the technological content of products increased, the dependence of U.S. exported products on intellectual property, particularly patents, has been on the rise. By the 1990s, this figure had rapidly risen to 50%, and it now exceeds 65%. It can be anticipated that intellectual property trade centered around patents will continue to grow and fully permeate into science, technology, economy, and culture. In light of this, governments of various countries have ranked intellectual property as a key national strategy, making the strengthening of intellectual property protection an inevitable choice for enhancing international competitiveness. Intellectual property is increasingly becoming a focal point of political, economic, and diplomatic attention among nations, and a key factor influencing core national competitiveness. Some countries' policies, legislation, and enforcement regarding patents and other intellectual property have already reflected its pivotal role in international competition. Japan has explicitly stated its fundamental national policy shift from "technology-based nation" to "intellectual property-based nation"; the U.S. has long regarded intellectual property as a foundational strategic resource, using intellectual property competition as a crucial means to secure overseas markets. China's intellectual property strategy is currently in full swing and is about to be unveiled. Local governments in China have long been actively exploring and advancing, with provincial and even district-level intellectual property strategies already taking the lead or about to be launched. Cities like Shanghai, Beijing, and Wuhan have already introduced regional intellectual property strategies and put them into practice. On September 22, 2004, the "Shanghai Intellectual Property Strategy Outline (2004–2010)" was officially released. To significantly enhance Shanghai's comprehensive urban competitiveness and accelerate the development goals of an international metropolis, it is essential to carry out comprehensive industrial upgrading and fully expand urban cultural functions against the backdrop of global industrial division and restructuring. The formation and development of the creative industry are a of this trend. The creative industry covers numerous sectors such as R&D and design, architectural design, cultural arts, consulting and planning, and fashion consumption. These industries are technology-intensive and knowledge-rich, and patents, copyrights, trade secrets, and other intellectual property are the property mechanisms that emerge to protect these new technologies, designs, forms, or ideas. Without intellectual property, the creative industry would face chaos due to arbitrary imitation and replication, threatening the survival and development of the entire industry. Without the incentive of property rights and the guarantee of interests, there would be no creativity, innovation, or creation. In fact, the creative industry relies more heavily on intellectual property than traditional industries, making it even more crucial to protect and manage intellectual property at every stage from R&D and design to production and operation. Intellectual property has not been widely recognized or accepted in China for a long time, and many issues are still in the process of exploration and refinement. Meanwhile, the creative industry has only recently emerged and is currently growing and flourishing. One is a new form of right, and the other is a completely new industry. When these two interact and integrate, there is a lack of a systematic knowledge system and introductory experience to guide creative enterprises in effectively using intellectual property to protect their achievements or products, providing them with knowledge, methods, and insights for reference. In light of this, this book, as a specialized work on intellectual property tailored for the creative industry, will offer valuable guidance and broaden the horizons of enterprises and professionals in the creative industry.