The state has a huge monopoly of intellectual property antitrust medical devices

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Release date: 2015-05-14 00:00:00

Source: Henan Meilun Medical Electronics Co., Ltd.

Release date: 2015-06-08 source: Simon
1 "the abuse of intellectual property antitrust regulation guide" start
June 4th, according to the Economic Information Daily reported that the national development and Reform Commission and the Anti-monopoly Bureau of price supervision and inspection organization to convene a preparatory meeting, the official launch of the abuse of intellectual property antitrust regulation guide research and drafting work. It is reported that the guide will be for intellectual property rights related to monopoly agreements, abuse of market dominance and the concentration of business operators, etc., to refine the relevant provisions of the anti-monopoly law, in particular, for the case can be advocated for exemption given specific guidelines.
And before, the national development and Reform Commission Price supervision and inspection and Anti-monopoly Bureau Zhang Handong said, at present, China needs to emphasize the protection of intellectual property rights, but also to strengthen the abuse of intellectual property antitrust enforcement. In addition, the Chinese Academy of Social Sciences, Zheng Bingwen, director of the United States of America, China is a big technical input, some multinational companies rely on their industry to lead and technological advantages, to protect intellectual property rights, intellectual property rights abuse of real. Some developed countries and multinational companies on the one hand to promote the high standards of intellectual property protection, on the other hand, in the setting of intellectual property network, to grab high licensing fees. Therefore, it can be seen, at present, we want to protect the intellectual property rights, but also to learn to use the anti monopoly means.
In addition, according to Xinhua news agency in June 4th, the State Intellectual Property Office Intellectual Property Development Research Center Director Han Xiucheng introduction, China's intellectual property development level is improved, but the environment needs to be optimized. At present, there are problems such as low cost of intellectual property infringement, protection, etc..
So this guide is very important to the drafting and promulgation, according to industry experts, this will be on the field of information and communication, medicine and other areas of intellectual property rights and product and service sales will have a substantial impact.
2 medical equipment industry by the focus of attention
Medical device industry is a knowledge intensive industry, in which the current intellectual property litigation has continued to rise, in addition, the high incidence of intellectual property monopoly behavior. Not long ago, the intellectual property litigation case of SIEMENS and Shanghai, which is the case of this case. In addition, the domestic high-end medical equipment exports in overseas markets will face within the industry monopoly and where exports of intellectual property protection and eventually fall into the dilemma of the devil and the deep blue sea.
High end medical equipment and equipment, GPS, led by foreign-funded enterprises in China for a long time to occupy the market share of nearly 80%, while the domestic medical device companies in a period of time can not organize effective competition, the lack of competition, so that foreign companies in a certain extent, the formation of a monopoly, the price has the right to decide. And high-end medical equipment production enterprise is our country the main technology introduction, which makes the domestic medical equipment industry controlled by others in the disadvantageous position, eventually led to the, if intellectual property Licensor in the patent to make any wrongdoing, the domestic medical equipment companies will have huge impact, while China has become the natural affected the biggest market.
Last year, the world's attention to the typical case of intellectual property antitrust case - Qualcomm case, to a certain extent, reflect the situation of most of our industry is facing the situation. And in the process of patent negotiations with Qualcomm, China's many enterprises have almost no bargaining power, almost all Americans how to sign us how to sign the situation. Now by the anti monopoly law enforcement, such giants Huawei and ZTE, domestic enterprises, natural and Qualcomm on an equal footing, sit down and equal negotiations.
This precedent, after the domestic medical device companies and foreign-funded enterprises on intellectual property rights and monopoly industries can be more to negotiate rather than everywhere heteronomy.

　　3 focus on anti monopoly law enforcement
According to the NDRC Price Supervision Bureau official pointed out, although the patent on technology and development of technology has a huge role in promoting, but if you let it become a monopoly interests of the rights of the tool, then it will make the so-called patent cockroaches or patent rogue rampant in the world, become a stumbling block to technological progress and industrial development. At the same time, improper or excessive anti monopoly law enforcement may also crack down on innovation, leading to the lack of R & d."
To this end, in the field of intellectual property antitrust enforcement of its focus is to let the intellectual property and antitrust to maintain a reasonable balance.
China's current anti monopoly institutions in the automobile, IT, liquor and other industries have carried out a number of anti monopoly law enforcement, for the development of domestic enterprises and to pave the way for the world market, so that domestic enterprises and foreign enterprises in the same platform, to promote the development of competition. This is the only way to achieve "China made 2025", only to completely get rid of the intellectual property rights, technical constraints, to get rid of the bad situation of technology input, can make domestic enterprises independent, in a fair platform for competition.
Anti monopoly has paved the way for the development of many industries in our country, and the anti monopoly of all walks of life is gradually advancing. The relevant units made it clear that the next phase of focus will be related to intellectual property and technology intensive industries, especially as a knowledge and technology intensive medical equipment industry, will be the focus of attention. In the field of intellectual property, the key is to make the intellectual property and antitrust keep a reasonable balance, which not only helps domestic enterprises to pave the way for development, but also will mobilize the enthusiasm of domestic enterprises innovation, will greatly promote the development of domestic medical equipment industry, so that it can get rid of foreign long-term intellectual property, technical constraints.