罗布·维罗斯 汤森路透副总裁 中国专利信息博览会 2011年9月5日

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1 罗布·维罗斯 汤森路透副总裁 中国专利信息博览会 2011年9月5日
加速知识产权创新进程 罗布·维罗斯 汤森路透副总裁 中国专利信息博览会 2011年9月5日 1

2 议程 市场因素 知识产权格局 中国专利概况 产业实例

3 市场因素

4 操纵知识产权的众多市场因素 多种经济体处在挣扎之中 无形资产价值远超有形资产 专利衍生出专利产品
许多组织都在扭曲知识产权的内容,以平息竞争和侵权起诉 知识产权的合作势在必行 Global economy is still dealing with the economic crisis of late 2008 – 2009; 全球经济仍然备受 下半年经济危机的影响; despite improvements in some regions, new challenges are surfacing, many countries are on the precipice of faulting on their debt, unemployment rates remain high, and there remains an outlook of concern, as compared to the period leading up to 2007 尽管在某些地区有所改进,新的挑战仍然层出不穷 Even China, which was seen as the beacon of promise in the prior economic environment is showing signs of some decline (“Economic growth is stagnating in Europe and cooling slightly in China, according to surveys of business activity released on Tuesday, fuelling concern about the risk of a global slump as Western governments struggle to cope with their debt problems.” – Reuters: Intangible assets continue to be highly valued, as can be witnessed in recent patent portfolio acquisitions, such as Google’s acquisition of Motorola Mobility for $12.5 billion USD – primarily for a patent portfolio with some essential mobility rights This leads to the next point – that patents are becoming products unto themselves. The fact that Google is willing to pay such an astronomical sum for Motorola Mobility’s patent portfolio is illuminating – the patent is the product in this case Organizations, like Google, Apple, RIM, Microsoft, Samsung, and many, many others see the value in leveraging patent holdings to gain a competitive edge, potentially stave off infringement suits, increase market share, and even increase stock value What is the underlying theme across all of this: collaboration. We exist in a global marketplace and it isn’t possible to work in company silos. Organizations must be open to working together and to sharing assets and technology to gain market share and advantage.

5 知识产权格局

6 动荡的知识产权格局 彭博商业周刊 洛杉矶时报 路透 金融时报 纽约时报 华尔街日报 北电网络专利组合的销售额达到了45亿美元
谷歌从IBM购入1000款专利 路透 索尼,LG电子平息了专利纷争 金融时报 苹果发生禁令,不得使三星电子产品上架 Three words that are driving IP strategy: money, money, money Unprecedented times in the world of intellectual property, some are calling it the “arms race for patents” Nortel’s patent auction yields $4.5 billion from Apple, Microsoft, Ericsson, RIM, and others Google purchased more than 1,000 patents from IBM to stave off infringement lawsuits, in addition to the Motorola Mobility portfolio for more than twice what was paid for Notel’s holdings Sony and LG agreed to drop the patent lawsuits they were pursuing against one another, which resulted from them failing to renew a technology sharing agreement they had that expired three years ago Apple’s design patents on iPAD halts the sale of Samsung’s Galaxy Tablet in Europe Use of the Android operating system in mobile technology is under fire from Apple, Microsoft and others Interdigital contemplates selling its portfolio of patents Kodak’s patent portfolio estimated to be worth more than the company itself; company contemplates selling small technology-rich section of its US portfolio And so on 纽约时报 智能手机专利热 Huff Post商业周刊 催崩离析的时代:巨大的专利泡沫 华尔街日报 柯达考虑售出数码相片专利

7 中国知识产权格局 Interdigital Inc因专利侵权行为起诉中国华为和ZTE 今日中国:苹果仿冒事件 中国名牌仿制品再掀新高
谷歌怎样调整政策扶助摩托罗拉在中国的发展 Backdrop of skepticism and countfreiting fueling many non-Chinese companies considering business in China Interdigital claims patent infringement by Huawei and ZTA, some claim it is to drive up the value of the portfolio price – nonetheless, the claim exists Fake Apple stores found throughout China; now Ikea and potentially other imposter stores are being revealed Nonetheless, China remains a market with huge potential and a broad consumer base What is Chinese Government doing? On April , the Supreme People's Court issued the white paper “Intellectual Property Protection by Chinese Courts in 2010”. The substantial increase in intellectual property caseload shows that the courts have increasingly become the primary channel for resolution of intellectual property disputes. The people’s courts have handled cases that are not only complex in application of law, but also involved value judgements and judicial philosophies relating to each economic, social or cultural sector. Typical cases include the invention patent infringement case of Eli Lilly and Company (U.S.) v. Jiangsu Haosen Pharmaceutical Company, the invention patent dispute in Wang Qun v. French Pavilion for the 2010 Expo, the utility patent infringement case of Cheng Runcang v. Gong Judong etc., the copyright dispute in Chen Jian v. Wanpu (Fushun) Printing Co., Ltd, the copyright infringement case of Microsoft v. Dazhong Insurance Company Ltd - As of end 2010, 41,696 judgements were published on the China IPR Judgments & Decisions website.

8 中国专利概况

9 中国创新幅度加大 中国是世界第三大专利局 主要在于发明专利的申请量 自2006年至2010年,申请书的公开量以每年16.7%的速度进行增长
中国科技报的引用量在国际排名第8位 中国荣登国际创新指数第29名 2008年中国为研发投入4570亿人民币(合658亿美元),占到当年GDP的1.52%。 China’s rise as a land rich in innovation is apparent by these patent and scientific literature statistics.

10 中国创新格局的演变过程 生产型经济 中国制造 知识经济 中国设计 中国十二五战略规划 1998 2004 2010 2016
12TH FIVE YEAR PLAN: China’s government aspires to increase the share of GDP these industries contribute from about 1 percent today to 8 percent by 2015 and to 15 percent by 2020, presenting a huge market potential for domestic and foreign businesses alike. The plan lays out a number of challenging goals which are aimed at continuing the drive towards moving from “Made in China” to “Designed in China”. In order to achieve this, the government plans to heavily invest in science and technology education and R&D and further develop China’s intellectual property rights system.

11 专利申请概览 Chart shows volumes of published patent applications from the five patent offices from 2006 to Japan has the highest volumes year to year during the period, but its lead narrows as the U.S. catches up. Europe and Korea have similar volumes and growth trends. The striking difference among these regions is China – it is experiencing the most rapid growth and is poised to lead the pack in the very near future.

12 专利申请愿景 This shows projected growth in published patent applications for these regions and shows that China is set to lead the patent information landscape this year.

13 2006 – 2010年国内专利申请概览 This shows the number of patent applications with local priority and indicates the number of domestic applications for each region. China is again the exception with dramatic growth in domestic applications from less than 90,000 in 2006 to nearly 230,000 in 2010.

14 中国国内申请情况VS国外申请情况 INNOVATION IS HOME GROWN
The rate of patent applications from domestic concerns is outstripping those from foreign companies by two to one.

15 中国工业专利申请情况 Electrical engineering
Dramatic growth rates over the period were observed for Electrical machinery, apparatus, energy (rising from 5,671 applications to 19,511 applications at a CAGR of 36.2%), Digital communication (from 5,481 to 16,168, CAGR of 31.1%) and Computer technology (5,872 to 16,066, CAGR of 28.6%). Domestic patent applications for Digital communication grew 20% faster over the period than global applications in this technology Global share of domestic Chinese patent applications for Digital communication grew from 14.4% to 29.8% over the period Computer technology domestic applications grew 25.9% p.a. faster than global applications Instruments Growth rates for the technology fields of Measurement and Control grew at CAGR of 35.6% (from 5,071 applications in 2006 to 17,126 in 2010) and 34.6% (from 2,007 applications in 2006 to 6,587 applications 2010) respectively Control domestic applications grew 24.5% p.a. faster than global applications Chemistry Micro-structural & nano-technology, Macromolecular chemistry & polymers, Chemical engineering and Environmental technology grew at CAGR of 36.8%, 32.8%, 32.0% and 31.2% respectively Global share of Pharmaceutical domestic Chinese patent applications grew from 29.2% to 39.3% from

16 汽车行业概览

17 中国汽车行业总体创新情况 前5名国外专利申请商 GENERAL MOTORS HONDA FORD TOYOTA HYUNDAI
Shown here are the top automotive patent filers in China. The top five foreign filers are GM, Honda, Ford, Toyota, and Hyundai. Despite some of the IP challenges in China, manufacturers can’t ignore the potential. Calendar year 2010

18 汽车行业保护性创新情况 This map shows the types of technology protected in China in the automotive space.

19 中国汽车行业创新情况——国产汽车 Calendar year 2010
Here you see the top domestic, Chinese, institutions patenting in the automotive space. Calendar year 2010

20 汽车行业保护性创新情况 And, here is a closer view at what they’re protecting.

21 制药行业概览

22 全球制药创新情况 China accounts for 50.4% of all pharmaceutical patent applications published worldwide in However, a large proportion of these are traditional medicine patent applications. To determine the relationship between traditional medicine and “Western” type pharmaceutical patenting, patenting trends for Chinese domestic Pharmaceutical inventions were analyzed for both with and without the traditional medicine inventions. All domestic Chinese patent applications for the period within the Pharmaceutical sector (as defined by search strategy in Appendix 2) were retrieved using DWPI on Thomson Innovation.

23 中国制药创新情况 年份 所有医药 传统医药 非-传统医药 2006 10,799 6,967 3,832 2007 12,658 8,513
4,145 2008 12,246 7,820 4,426 2009 12,833 7,798 5,035 2010 14,005 8,111 5,894

24 中国制药创新情况

25 概要

26 概要 在中国,创新层出不穷,但是对知识产权的 保护工作要更慎重一些 应尽快杜绝仿冒商品和侵权现象, 以吸引国外公司入驻中国市场
作为一个创新型国家,中国机构必须保护发明专利并助其走出国门 专利保护及其执行对中国全球创新的成败至关重要

27 利用知识产权 加速创新进程 27


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