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Research on the Construction of Intellectual Property System and Optimization of Business Enviro

2025-01-03ZhangXueLyuGuofu

科技与法律 2025年1期
关键词:营商环境制度建设经济发展

Abstract: With the rapid development of globalization and information technology, intellectual property has been one of the key drivers of economic growth, and the construction of intellectual property system has become an important criterion for measuring the quality of business environment. This article is intended to explore the current status of intellectual property system construction in China, the challenges, and its relationship with the business environment, to propose the corresponding countermeasures and suggestions. The study finds that the legal system of intellectual property in China is gradually improving, and judicial and administrative protection are continuously strengthened. However, the challenges still remain such as frequent infringements, rights hard to protect and insufficient international cooperation. These issues not only affect the legitimate rights and interests of innovation entities, but also for the market fairness and the level of the business environment. Therefore, this article proposes that strengthening the perfection of the intellectual property legal system, enhancing intellectual property services and support capabilities, strengthening international cooperation and exchanges, and accelerating the cultivation of composite talents. It aims to provide theoretical references for the construction of intellectual property system and the optimization of the business environment, promote the high-quality development of economy and enhance the global competitiveness of the country.

Keywords: intellectual property; business environment; system construction; economic development

CLC: C 939; D 923" " " " " DC:A" " " " " Article ID:2096-9783(2025)01⁃0125⁃13

1 Introduction

With the rapid development of information technology, intellectual property(IP) has been part of the most critical assets in the global economy. Intellectual property includes patents, trademarks, copyrights and trade secrets etc. These are not simply the results of innovation and creativity but also an important manifestation of competitiveness for enterprises and nations. The construction and improvement of IP system play a crucial role in protecting innovation, internalizing innovative activities, and promoting economic progress.

Firstly, globalization has resulted in the cross-border flow of goods, services, capital, and information, making the protection of IP no longer limited to a single country but a global issue. The development of information technology, especially the widespread adoption of the internet, has greatly facilitated the dissemination of knowledge and the conduct of innovative activities. However, it is further introduced new challenges to IP infringement. In the digital age, acts of IP infringement are more concealed, and cross-border infringements are more difficult to monitor and combat. Therefore, establishing a robust IP protection system is of significant importance in protecting the legitimate rights and interests of innovators, encouraging innovation and creative activities.

Secondly, the construction and improvement of the IP system is currently under a profound impact on optimizing the business environment and economic development. A comprehensive IP protection system can provide the required incentives for innovation. Innovators can obtain market exclusivity through intellectual property, thereby recouping Ramp;D investments, continuing more innovative activities, and driving technological progress and industrial upgrading. The improvement of the IP system helps optimize the business environment, attract investment, and enhance the establishment and development of enterprises. Strengthening IP protection can reduce the infringement risks faced by enterprises, increase their willingness and ability to innovate, and thus promote high-quality economic development. Additionally, a well-established IP system assists in the strengthening of a nation's international competitiveness. In the context of globalization, IP has grown up to get an important tool for global competition. If a country excels in intellectual property protection, it can attract more multinational corporation investments, promote the worldwide development of domestic enterprises, and elevate the country's status and influence in the global economy.

However, the construction and improvement of the IP system also face numerous challenges. For example, how to balance the relationship between intellectual property protection and public interest, how to establish effective intellectual property protection mechanisms between different countries and regions, and how to address the new challenges of intellectual property infringement in the digital age.

2 The Current State of Intellectual Property System Construction in China

2.1 The Legal System of Intellectual Property in China

The legal system of IP in China is a collection of legal norms designed to protect intellectual achievements, stimulate innovation, and promote scientific and cultural development. With the rise of economic globalization and the knowledge economy, IP has become a strategic resource for national progress and a core element of international competitiveness. The establishment and improvement of IP legal system are the important achievements of s reform, opening up, and modernization drive in China, as well as significant indicators of the continuous improvement of the socialist market economy system.

Since the promulgation of the Trademark Law of the People's Republic of China (referred to as Trademark Law) in 1982, the intellectual property legal system has gradually been established. Subsequently, foundations laws such as the Patent Law of the People's Republic of China (hereinafter referred to as Patent Law), and the Copyright Law of the People's Republic of China (hereinafter referred to as Copyright Law) were successively introduced, providing a basic legal framework for intellectual property protection. With the establishment and improvement of the socialist market economy system, the IP legal system has continuously enriched and developed, with related supporting regulations being progressively perfected. Getting into the 21st century, in order to fully fulfill its WTO commitments, the government systematically amended intellectual property laws and regulations, bringing IP legal system fully into line with global standards. In recent years, the legal system has continued to improve, with further revisions to the Trademark Law, Patent Law, and Copyright Law, as well as amendments to the Anti-Unfair Competition Law of the People's Republic of China, intensifying efforts to combat IP infringement and raising the level of IP protection.

The main features of our the intellectual property legal system of China include: First, a wide range of protection covering patents, trademarks, copyrights, trade secrets, geographical indications, new plant varieties, and other areas; Second, continuously strengthened protection through measures such as increasing compensation standards for infringements and introducing punitive damages to intensify punishment for IP infringement; Third, a constantly improving protection mechanism that establishes a mutually coordinated and supplementary judicial and administrative protection system; Fourth, deepening international cooperation, with the Chinese government actively participating in international IP protection cooperation and promoting the improvement of international rules and standards[1].

The perfection of IP legal system provides a strong legal guarantee for stimulating innovation, protecting intellectual property rights, and promoting economic and social development. It also lays a solid foundation for the country to deeply integrate into the global economic system and enhance international competitiveness. With the deep implementation of the strategy for building a powerful intellectual property nation, the IP legal system will be further improved, and the level of IP protection will continue to rise, providing stronger support for building an innovative country and a powerful intellectual property nation[2].

2.2 The Current Situation of Intellectual Property Protection in China

In recent years, the Chinese government has made significant achievements in IP protection but also faces numerous challenges. The following is just an analysis of the current situation and challenges of IP protection in China. Firstly, the intellectual property legal system continues to enhance. the Chinese government have established a comprehensive IP legal system that includes Patent Law, Trademark Law, Copyright Law, etc providing a solid legal foundation for IP protection. Additionally, the government is actively involved in international cooperation, promoting the improvement of international rules and standards for intellectual property. Secondly, in terms of enforcement, the government has intensified efforts to combat IP infringement, being proposed to strengthen the rule of law guarantees for IP enforcement, actively innovate and transform enforcement methods, and establish a comprehensive IP enforcement mechanism. At the same time, the government has also strengthened the construction of IP protection centers and rapid rights defense centers, improving the efficiency and level of protection.

However, the intellectual property protection also faces some challenges in China. Firstly, with the rapid development of new technologies and business models, IP protection encounters many new issues, such as increasingly integrated online and offline operations, cross-regional characteristics, and chain-like infringement activities in the internet domain, which bring new challenges to IP enforcement work. Secondly, the internationalization level of intellectual property protection is needed to further enhance. Although it has achieved certain accomplishments in international protection, such as ranking first globally in PCT international patent applications for five consecutive years, it still needs to strengthen cooperation with the international community in the formulation of international intellectual property rules and the competition for discourse power to jointly address global challenges in IP protection. Additionally, the public awareness of intellectual property protection remains insufficient, posing certain difficulties for IP protection work.

In summary, although the government has made significant achievements in intellectual property protection, continuous efforts are necessary in order to address address new challenges, strengthen international cooperation, and improve the level of protection to promote high-quality economic and social development.

2.3 The Current Status of Intellectual Property Services in China

Recently, intellectual property services in our country have achieved significant development. Firstly, the number and revenue scale of intellectual property service institutions are well increased. As of the end of 2023, there are approximately 89 000 institutions providing intellectual property services in China, with a total business revenue of about 285 billion yuan. The market size of the IP service industry has consistently grown, with new formats and models emerging continuously1. Secondly, service formats and models are still innovate. Service institutions are showing a trend of segmented progress in terms of technical means, business scope, and service targets. Substantial service institutions are developing towards full-chain and integrated services, while small and medium-sized institutions maintain their market competitiveness through specialized services.

Furthermore, while the intellectual property service system is rapidly improving, it also faces challenges in service capabilities, regional balance, internationalization level, talent cultivation, and industry self-discipline. The ability to deliver high-quality, specialized intellectual property services still needs improvement, with some institutions falling short of meeting market demands, particularly for the intellectual property service needs of small and medium-sized enterprises[3]. The distribution of intellectual property service resources is uneven across regions, with concentrated resources in the developed eastern areas and relatively scarce resources in the central and western regions. International service capabilities are relatively weak, especially in handling international intellectual property disputes and IP layout in global markets. There remains an unmet demand for patent agents, trademark agents, and intellectual property lawyers. Additionally, the regulatory system and industry self-discipline mechanisms of the intellectual property service industry are not yet perfect, with some illegal and irregular activities present, such as abnormal patent applications and malicious trademark applications.

3 The Essence and Evaluation System of the Business Environment

3.1 The Essence of the Business Environment

The academic community has conducted in-depth research on the essence of the business environment, explaining it from various dimensions. Existing literature defines the business environment as the sum total of legal, institutional, cultural, and social environments that enterprises face in economic activities such as establishment, operation, trade, and investment[4]. It encompasses all external factors affecting business activities, including government policies, regulatory systems, administrative efficiency, market access, tax policies, judicial fairness, credit availability, labor market flexibility, infrastructure completeness, and more.

The favorable business environment can reduce operational costs for businesses, enhance economic efficiency, promote innovation and fair competition, attract domestic and foreign investment, and thus drive economic growth and social progress[5]. It is not just related to the survival and prosperity of enterprises but also directly impacts a country's international competitiveness and sustainable development capabilities.

Optimizing the business environment has become one of the crucial tasks for governments worldwide to promote efficient development[6]. By simplifying administrative procedures, lowering market entry barriers, improving judicial efficiency, strengthening intellectual property protection, and enhancing infrastructure, among other measures, is impossible effectively improve the business environment, stimulate market vitality, and promote economic prosperity. With the deepening of globalization, the economic links between countries are becoming increasingly strict, and the trend towards internationalization of the business environment is likewise becoming more apparent. This requires countries to maximize their own business environments while enhancing global cooperation to jointly promote improvements in the global business environment.

3.2 Business Environment Assessment System

The business environment assessment system measures the totality of external conditions provided by a country or region to enterprises throughout their entire life-cycle, from establishment and operation to exit. This system not only needs to take into account the impact of government policies on daily business operations but also encompasses the competitiveness and attractiveness of enterprises in the market. It is an essential manifestation of economic soft power and comprehensive competitiveness. Globally, the World Bank's Doing Business Report is a part of the most influential evaluation systems. It evaluates the ease of doing business across economies worldwide through 11 evaluation items, 46 secondary indicators, and 122 tertiary indicators. These indicators primarily focus on the complexity and cost of regulatory procedures, as well as the strength of relevant legal frameworks, offering objectivity, specificity, and international comparability.

3.3 The Current State of China's Business Environment

In recent years, the Chinese government has continuously promoted market-oriented, law-based, and internationalized reforms, achieving significant results. Steady progress has been achieved in combating infringement and counterfeiting as well as in intellectual property protection, further optimizing the business environment characterized by market orientation, legal compliance, and internationalization. The optimization of the business environment is not just a crucial breakthrough for local economic development but also a key focus for transforming government administrative functions. The quality of the business environment determines the aggregation and flow of production factor resources. According to the World Bank's Business Ready 2024 report,there is a positive correlation between the business environment and Foreign Direct Investment (FDI), particularly obviously in policy systems (such as market accessing policies) and public service dimensions. It is essential to fully leverage the open platform advantages of Free Trade Zone and Comprehensive Bonded Zone, taking benchmark against international trade rules and steadily expanding institutional openness as entry points to optimize the business environment and promote high-quality regional progress. Therefore, the continuous optimization of the port business environment and the full promotion of the stable operation of international industrial and supply chains have become the indispensable stage for China to stabilize foreign trade and investment fundamentals. In China, the business environment is continuously improving. Through a series of reform measures such as simplifying administrative approval processes, strengthening intellectual property protection, and enhancing the efficiency of government services, the government has provided a more convenient and equitable operating environment for market entities, effectively stimulating market vitality.

The business environment evaluation system in China has also been improving steadily. Based on specific national conditions, the National Bureau of Statistics has developed an evaluation index system framework that includes these aspects such as enterprise registration, construction permits, electricity supply, tax payment, real estate registration, and credit availability. It is to comprehensively, accurately, objectively, and fairly evaluate the business environment, reflecting the effectiveness of streamlining administration, delegating power, and improving services reforms and optimization of the business environment[7]. With the advent of the digital era, the level of legalization of the digital business environment has become a key component of the global business environment evaluation system[8]. According to the latest Doing Business Report, the World Bank incorporates digital technology as a cross-cutting evaluation indicator, integrating digital legislation into the assessment of each primary indicator. This indicates that the digitization and legalization levels of business environment have become the significant aspects of transnational evaluations. Therefore, in refining our business environment evaluation system, it is necessary in order to align with international advanced standards while considering our actual circumstances, continuously enhancing the legalization of data governance, platform governance, digital market supervision, and legislative digitization capabilities. This will support the trend of global numerical transformation and provide strong support for high-quality economic development[9].

3.4 The Relationship Between Business Environment and Economic Development

The relationship between the business environment and economic development is concentrated and complex. Firstly, the favorable business environment promotes the establishment and growth of enterprises, increasing in the number and vitality of market entities. When administrative procedures are simplified, market entry barriers lowered, and tax and regulatory environments fair and transparent, businesses can enter markets more easily and grow and expand faster. This not only fosters innovation and entrepreneurship but also creates employment opportunities, raises income levels, stimulates consumption and investment, and drives economic growth. Secondly, the quality of the business environment directly impacts foreign direct investment inflows. An open, stable, and predictable business environment attracts foreign investors, bringing capital, technology, and management experience that contribute to the host country's economic progress. Conversely, the poor business environment may lead to capital flight, affecting economic stability and growth.

Furthermore, optimizing the business environment contributes to improving the efficiency of resource allocation. In a good business environment, market mechanisms function better, facilitating the rational flow and efficient allocation of production factors[10]. This enhances overall economic productivity and competitiveness, driving the optimization and upgrading of the monetary structure.

Additionally, improvements in the business environment promote innovation and technological progress. Innovation, a key driver of long-term profitable growth, enhances productivity, creates new industries and jobs, and strengthens sustainable economic development capabilities. When businesses operate in a fair competitive environment, they are more motivated to spend on research and development and innovation. However, improving the business environment does not constitute an overnight task; it requires joint efforts from the government, businesses, and all sectors of society. Governments are required to formulate and implement effective policies, including simplifying administrative procedures, strengthening rule of law construction, enhancing transparency and predictability, protecting intellectual property rights, and encouraging fair competition. Businesses need to strengthen their management and innovation capabilities to adapt to the constantly changing market environment. All sectors of society, including media, academic institutions, and non-governmental organizations, should be involved in monitoring and improving the business environment. In summary, the relationship between the business environment and economic development is mutually reinforcing. The sound business environment provides a solid foundation for economic development, while sustained economic growth provides the necessary resources and momentum for improving the business environment. Therefore, continuously optimizing the business environment is critical to achieving high-quality economic development.

4 Analysis of the Impact of Intellectual Property Rights Systems on the Business Environment

4.1 Intellectual Property Protection and Corporate Innovation

In the era of the knowledge economy, the relationship between intellectual property protection and corporate innovation has become increasingly strict. IP systems provide the necessary incentives and protection for innovation activities, ensuring that enterprises have legal monopoly rights to their innovative achievements, thereby motivating them to invest more resources in research and development[11]. This protection mechanism not only promotes the quality improvement of technological innovation but also optimizes resource allocation and enhances corporate innovation performance[12]. However, the strength of intellectual property protection needs to be moderate; excessive protection may lead to market monopolies and suppress subsequent innovation activities[13]. Therefore, balancing intellectual property protection and promoting innovation is an issue faced by both policymakers and enterprises. A reasonable intellectual property policy can promote technology transfer and knowledge dissemination, enhance international competitiveness, and drive sustainable economic development. In the context of globalization, intellectual property protection has grown up to be an important support for enterprises 'going global' and holds strategic significance for enhancing national competitiveness.

4.2 Intellectual Property Systems and Market Access

Intellectual property systems and market access are two key factors driving innovation and economic development. Intellectual property systems protect the legitimate rights and interests of innovators, motivating enterprises and individuals to invest in research and development and promote the creation of innovative technologies and products. Market access systems determine whether these innovative achievements can smoothly enter the market, participate in competition, and achieve commercialization. The effective intellectual property protection system can boost enterprise confidence, encouraging increased investment in research and development and promoting high-quality innovation. Meanwhile, an open and transparent market access system ensures that innovative achievements can quickly enter the market, accelerating the spread and application of technology, thus driving technological progress and economic growth across industries[14].

Against the backdrop of current global economic integration, the international trend of intellectual property protection and market access is becoming increasingly clear. Many countries have strengthened global intellectual property protection and lowered market access barriers through signing international treaties and agreements, promoting the liberalization of global trade and investment. The Chinese government pays great attention to reforms in IP protection and market access, introducing a series of policy measures to optimize the business environment and stimulate market vitality. For example, by implementing a negative list system for market access, reducing administrative approvals, lowering market entry thresholds, while strengthening intellectual property protection and enforcement, increasing the cost of infringement, a market environment conducive to innovation and fair competition has been set up. In summary, optimizing intellectual property systems and market access are important means to foster innovation and enhance national competitiveness. By continuously enhancing these systems, the innovation vitality of enterprises can be effectively stimulated, driving high-quality economic development.

4.3 Intellectual Property Systems and International Trade

The relationship between intellectual property systems and international trade is becoming increasingly concentrated and has become a core element in global economic activities. Against the backdrop of economic globalization, IP protection is not merely an indispensable means to incentive innovation but also a crucial tool in competing for advantages in international trade. Firstly, intellectual property protection provides legal safeguards for innovative achievements, prompting enterprises to increase investment resources in research and development, thereby driving the development of new technologies and products. These innovative achievements are disseminated to global markets through international trade, promoting global economic progress and prosperity. Secondly, intellectual property has become an important bargaining chip in international trade, with developed countries usually possessing more IP resources. They use intellectual property protection to maintain their economic interests and market competitiveness[15].

However, differences in IP protection levels often become sources of trade friction in international trade. Differences in intellectual property protection among different countries and regions may lead to trade disputes, making international cooperation and coordination particularly crucial in resolving these issues[16]. For instance, the geographical indication protection and cooperation agreement signed between China and the European Union reflects the significant role of IP protection in worldwide trade.

In conclusion, the intellectual property system and international trade are interrelated and mutually influential. A fair, reasonable, and effective intellectual property protection system is imperative for promoting healthy development in global trade and the global economy. As global economic integration deepens, intellectual property protection will continue to play an increasingly significant role in global trade.

5 Intellectual Property System Construction and Business Environment Optimization: International Experience

5.1 The Intellectual Property System and Business Environment Optimization Strategies of the United States

Firstly, the United States possesses one of the most comprehensive intellectual property legal systems in the world, including the Patent Act, Trademark Act, and Copyright Act. These laws not only detail the processes for applying for, examining, authorizing, and protecting intellectual property but also establish specialized enforcement agencies such as the United States Patent and Trademark Office (USPTO) and the International Trade Commission (ITC) to ensure effective implementation of the laws. Additionally, the United States strengthens intellectual property protection in emerging fields through laws like the Digital Millennium Copyright Act (DMCA), providing a solid legal foundation for innovation.

Secondly, the U.S. government encourages innovation and technology transfer through a series of policy measures, such as providing tax deductions for research and development and establishing the Small Business Innovation Research (SBIR) program. These policies aim to reduce the cost of innovation and enhance the vitality of small and medium-sized enterprises (SMEs). Meanwhile, American universities and research institutions are an active participant in the innovation system, promoting the transformation of technological achievements through collaboration with enterprises, thus forming a closely integrated innovation ecosystem of industry, academia, and research.

Thirdly,the United States plays a leading role in international intellectual property protection, promoting the establishment of global IP standards through multilateral agreements such as the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Furthermore, the U.S. strengthens intellectual property cooperation with other countries through bilateral and multilateral free trade agreements, ensuring the protection of its companies' overseas interests. When dealing with IP disputes, the United States has a tendency to seek solutions through global platforms such as the World Intellectual Property Organization (WIPO) and WTO, maintaining a decent global competitive environment.

5.2 The Intellectual Property System and Practices for Optimizing the Business Environment of Japan

Firstly, the Japanese government considers IP as an essential part of its national strategy, formulating the Intellectual Property Strategy Outline and the Intellectual Property Promotion Plan, which clearly define development goals and support measures. These documents emphasize the critical role of intellectual property in fostering economic growth and social development, proposing specific implementation paths and timetables.

Secondly, the Japan Patent Office (JPO) is made efforts to improve examination efficiency and shortening the examination cycle to provide rapid responses for businesses. The JPO has also introduced various facilitation measures, such as online applications and electronic management, simplifying the patent application process and reducing the cost burden on enterprises. Additionally, the JPO has strengthened cooperation with foreign patent offices to facilitate Japanese enterprises in applying for patents abroad.

Thirdly, Japan attaches importance to the protection of intellectual property in cultural and creative industries, adopting laws and regulations such as the Law for the Promotion of Cultural Products to encourage the development of cultural and creative industries. The government has further established special funds to support the development and promotion of cultural products while intensifying efforts to combat piracy and protect the legitimate rights and interests of creators. The measures have enhanced the international competitiveness of Japan's cultural industry, occupying an important position in the global market.

5.3 The Intellectual Property System and Measures for Optimizing the Business Environment of German

Firstly, German patent law allows applicants to adjust the scope and duration of patent protection depending on their needs. This flexibility helps adapt to constantly changing technological environments and market demands. Moreover, Germany provides various forms of protection, such as utility models and design patents, offering enterprises diverse choices. Secondly, the German government has introduced multiple support policies for SMEs, such as providing subsidies for patent annual fees and establishing technology innovation funds, helping SMEs overcome financial and technical barriers. These policies effectively stimulate the innovative vitality of SMEs, promoting diversified economic development. Thirdly, Germany is an active participant in the European Union's intellectual property integration process, achieving mutual recognition and protection of patents among member states through regional agreements such as the European Patent Convention. This not only simplifies the patent layout process for enterprises in multiple countries but also enhances the overall level of intellectual property protection in Europe.

5.4 The Intellectual Property System and Experience in Optimizing the Business Environment of South Korean

Firstly, the South Korean government closely monitors global technological trends, promptly adjusting intellectual property policies to respond to the needs of new technologies. For example, in fields such as the internet and biotechnology, South Korea quickly established corresponding intellectual property protection mechanisms, creating favorable conditions for the development of emerging industries. Secondly, South Korea emphasizes raising public awareness of intellectual property through various means such as school education and media promotion. The government regularly holds seminars and training courses to assist enterprises and individuals understand the latest laws, regulations, and best practices. Thirdly, South Korea encourages enterprises and research institutions to transform intellectual property into tangible products and services, increasing economic value through technology transfer and commercial applications. The government offers a series of incentive measures, including financial subsidies, tax preferences, and market access facilitation.

In summary, the experiences of various countries in building intellectual property systems and optimizing business environments indicate that a complete legal system, proactive policy support, efficient service systems, and international cooperation are all indispensable factors. For China, it is necessary in order to combine its national conditions and development needs, learn from innovative international experiences, continuously improve the intellectual property system, optimize the business environment, thereby promoting high-quality economic development.

6 Suggestions to Intellectual Property System Construction and Business Environment Optimization in China

6.1 Perfecting the Intellectual Property Legal System

Perfecting the intellectual property legal system is an important cornerstone for internalizing innovation, protecting creative achievements, and promoting economic development[17]. Against the backdrop of globalization and the knowledge economy era, perfecting the intellectual property legal system has become particularly urgent. Firstly, improving the intellectual property legal system requires starting with legislation to ensure its foresight and adaptability. This includes revising existing laws and regulations, such as Patent Law, Trademark Law, Copyright Law, etc., to meet the needs of the new technological revolution and industrial development. Simultaneously, for emerging fields like artificial intelligence, big data, genetic technology, etc specific intellectual property protection rules should be established to ensure effective protection of innovative achievements. Secondly, strengthening judicial protection is a key link in perfecting the intellectual property legal system[18], requiring the establishment of an efficient and fair intellectual property judicial system, improving trial quality and efficiency, and ensuring the fair adjudication of intellectual property cases. At the same time, enhancing the construction of intellectual property courts and tribunals, elevating the professional level of judges, and assuring the uniformity and authority of judgment standards are essential.

Additionally, improving the administrative protection system is also crucial. It is necessary in order to strengthen intellectual property administrative enforcement, improve enforcement efficiency and level, and intensify the crackdown on intellectual property infringement activities. Meanwhile, perfecting the administrative mediation and arbitration mechanisms for intellectual property disputes provides rights holders with a fast and convenient way to defend their rights. Finally, raising public awareness of intellectual property through education and training, popularizing intellectual property knowledge, enhancing society's awareness of intellectual property protection, and fostering a social atmosphere that respects intellectual property and encourages innovation[19] are indispensable. In summary, perfecting the intellectual property legal system is a systematic project requiring cooperative efforts from legislation, judiciary, administration, and society. By continuously improving the intellectual property legal system, a solid legal foundation for innovation can be provided, promoting sustained and healthy economic and social development.

6.2 Strengthening Intellectual Property Law Enforcement and Judicial Protection

Strengthening intellectual property law enforcement and judicial protection is a critical link in creating a favorable business environment[20]. Firstly, efforts should be focused on building up optimized, collaborative, and efficient enforcement system. Through top-level design and the formulation of relevant regulations, standardize the standards and procedures of administrative enforcement, severely investigate and deal with infringement and counterfeiting activities, and enhance enforcement efficiency. Secondly, exploring the establishment of a cooperative and linkage mechanism for full-chain enforcement against new types of infringement behaviors characterized by networking, chaining, and digitization is crucial. Through cross-regional enforcement cooperation mechanisms, strengthen integrated online and offline enforcement, improving the ability to trace and jointly combat infringement and counterfeiting activities. Thirdly, strengthening the rule of law guarantee for intellectual property enforcement, utilizing information technology to improve the intelligent level of law enforcement case handling, perfecting the investigation and evidence collection system norms in the network environment, and enhancing the application of technologies such as big data and cloud computing in enforcement to precisely target infringement and counterfeiting activities. Building the foundation of trial, institutional mechanisms, and construction of smart courts to enhance the professionalism and efficiency of intellectual property trials. At the same time, it is also necessary to strengthen the construction of professorial supervision mechanisms for intellectual property cases, increase criminal crackdown intensity, perfect the investigation work system for intellectual property crimes, and ensure the fair trial of intellectual property cases.

6.3 Enhancing Intellectual Property Service and Support Capabilities

Enhancing intellectual property service and support capabilities is significant for stimulating innovation vitality, protecting innovative achievements, and promoting the economic development. Firstly, promoting the integration and development of the intellectual property services industry and related industries, encouraging the gathering of intellectual property service resources towards advanced industrial clusters, supporting patent and standard integration innovation, promoting high-quality IP service brands, and strong alliances to assist in tackling key core technologies and achieving breakthroughs in IP layout[21]. Secondly, enhancing the capacity for high-quality service provision, deepening intellectual property legal services, expanding intellectual property operation services, enhancing intellectual property information services, broadening intellectual property consulting services, and encouraging the development of new formats and models. Additionally, China urgently needs to strengthen the construction of intellectual property services industry talent teams, advance the establishment of a multi-level, categorized progressive training system for intellectual property services industry talents, creating a composite high-quality intellectual property services industry talent team with backgrounds in science, engineering, law, economics, management, and other disciplines.Finally, fully leverage the functions of IP protection centers in various regions. Intellectual property protection centers support high-quality development by enhancing the intellectual property protection system, optimizing innovation incentive mechanisms, strengthening market mechanisms, improving examination efficiency and quality, and supporting the integration of technological innovation and the economy. The measures collectively create an efficient, fair, and conducive business environment for innovation and competition, laying a solid foundation for the comprehensive development of the economy and society.

Against the backdrop of the digital economy era, it is also needs to encourage and support the construction and application development of commercial intellectual property databases, enhancing the dissemination and utilization capacity of intellectual property information, encouraging various information service platforms to leverage advantages, consolidate efforts, improve comprehensive service efficiency and competitiveness.

Furthermore, to optimize the industry development environment, it is necessary to strengthen social supervision, perfect industry reporting and complaint rules, facilitate public reporting and complaint channels, enhance the disclosure of operational, quality, and credit information of intellectual property service institutions and practitioners, facilitating market entities and innovators to query, discern, assess risks, and make correct choices.

6.4 Promoting International Cooperation and Exchange in Intellectual Property

Strengthening international cooperation and exchange in intellectual property is an important way to enhance national innovation capability and global competitiveness. In the context of globalization, China needs to deeply participate in the reform and construction of the global intellectual property governance system, pushing for the establishment of a more just and reasonable international intellectual property protection system[22], through multilateral and bilateral cooperation, to strengthen international coordination on intellectual property protection, improve international rules and standards associated with intellectual property and related international trade, international investment, etc.[23]. Enhancing cooperation with intellectual property examination institutions of various countries, promoting sharing of examination information, building up preferred locations for international intellectual property litigation, and enhancing the internationalization level of intellectual property arbitration, it can provide comprehensive intellectual property protection for Chinese enterprises to explore overseas markets[24]. At the same time, in international cooperation on intellectual property protection, it is necessary to strengthen services and support for small and medium-sized enterprises (SMEs) and start-ups, helping the enterprises to enhance their international competitiveness through providing professional intellectual property consulting and services[25].

6.5 Accelerating the Training of Compound Talents

In the field of intellectual property, compound talents need not only master basic knowledge of law, economics, management but also understand cutting-edge technology and industry dynamics, possessing strong innovation capabilities[26]. Therefore, the demand for intellectual property talent is also characterized by diversification and high-level requirements.

Firstly, the cultivation of intellectual property talent is required to break traditional disciplinary boundaries, emphasizing the integration of interdisciplinary knowledge around optimizing supply and demand structure, transforming development methods, and strengthening innovation drive. It involves combining multiple disciplines such as law, management, and economics to cultivate composite talents with international perspectives and strategic thinking. Secondly, practical teaching holds an important position in the cultivation of intellectual property talent. Intellectual property is an applied science, and it should focus on developing students' practical abilities. Currently, intellectual property education leans heavily towards theory and lacks sufficient emphasis on practical teaching, resulting in a mismatch between the knowledge structure of intellectual property talent and social demand. Therefore, strengthening practical teaching and enhancing students' hands-on abilities are essential for cultivating high-quality intellectual property talent. Thirdly, the cultivation of intellectual property talent also requires policy support and industry participation, linking the construction of intellectual property talent training bases and online training courses, etc. Through a combination of industry, academia, and research, high-level composite intellectual property talent can be cultivated.Lastly, the cultivation of intellectual property talent requires a favorable social environment and cultural atmosphere. By enhancing the publicity and education of intellectual property protection and enhancing the entire society's awareness of intellectual property, we can provide additional fertile ground for the growth of intellectual property talent.

7 Conclusion

The relationship between the construction of the intellectual property system and the optimization of the business environment is close and profound. A comprehensive intellectual property system is the cornerstone for optimizing the business environment. It not only protects innovation achievements and incentivizes innovative activities but also provides market entities with a stable and predictable legal environment, thereby promoting fair competition and market vitality. With the development of globalization and the knowledge economy, intellectual property has become a core element of national competitiveness, and its institutional construction has become an important criterion for evaluating the quality of a country's business environment. Therefore, strengthening the construction of the intellectual property system is of great importance for improving the business environment.

The importance and urgency of optimizing the business environment are self-evident. A good business environment can reduce operational costs for enterprises, improve economic efficiency, promote innovation and fair competition, attract domestic and foreign investment, and drive economic growth and social progress. With the deepening of global economic integration, the trend towards internationalization of the business environment becomes increasingly clear. This requires countries to optimize their own business environments while strengthening international cooperation to jointly promote the improvement of the global business environment. For our country, optimizing the business environment is not only necessary for driving domestic economic development but also an inevitable choice for enhancing international competitiveness.

However, China still faces some challenges in the construction of the intellectual property system and the optimization of the business environment. Issues such as frequent infringement incidents, difficulties in rights protection, and an incomplete international cooperation mechanism have to some extent affected the optimization of the business environment. Therefore, future research should focus on how to further improve the intellectual property legal system, strengthen intellectual property law enforcement and judicial protection, enhance intellectual property services and support capabilities, promote international cooperation and exchange in intellectual property, and accelerate the training of compound talents. Therefore, in terms of policy recommendations, first, we should continue to improve the intellectual property legal system to meet the needs of new technological revolutions and industrial development. In particular, specialized intellectual property protection rules should be established for emerging fields such as artificial intelligence, big data, and genetic technology. Secondly, it's emerge to strengthen intellectual property law enforcement and judicial protection, build an optimized and efficient enforcement system, improve enforcement effectiveness, to ensure the impartial adjudication of intellectual property cases. Additionally, it should to enhance intellectual property services and support capabilities, promote the integrated development of the IP service industry and others, to improve the supply capacity of high-quality services. At the same time, it can push for the establishment of a more just and reasonable international intellectual property protection system by promoting international cooperation and exchanging , deeply participating in the reform and construction of the global intellectual property governance system. Finally, it cannot wait to accelerate the training of compound talents, establish a comprehensive training mechanism and cultivate a high-quality team of intellectual property service professionals with interdisciplinary backgrounds .

In conclusion, the construction of intellectual property system and optimization business environment" complement and promote each other. By continuously improving the intellectual property system, strengthening law enforcement and judicial protection, enhancing service capabilities, promoting international cooperation, and cultivating professional talents, the business environment can be effectively optimized to realize high-quality development.

References:

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[2] ZHANG P, XU H Y, XIE Y. Exploration on the market operation mechanism of the intellectual property system—a review of part five of the \"Outline for Building a Strong Intellectual Property Nation (2021—2035)\"[J]. Science and Law (Chinese and English), 2023(3): 1⁃9.

[3] LONG X N, LI J, HUANG T. Intellectual property services and corporate innovation activities: the case of patent agency institutions[J]. Economic Trends, 2024(8): 39⁃55.

[4] HOU G Y, HU N N. Business environment and regional innovation development pathways[J]. Statistics and Decisions, 2024, 40(18): 183⁃188.

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[8] WANG C Y. Profound changes, rich connotations, and important implications of the New World Bank business environment assessment system[J]. Contemporary Economic Management, 2024, 46(10): 88⁃96.

[9] ZHAO Y L. The Impact of digital business environment on the growth of circulation economy: based on the dual perspectives of industrial structure upgrading andrRationalization[J]. Business Economics Research, 2024(20): 106⁃109.

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[19] WANG G, ZHANG L B. Research on copyright infringement issues in the short video field from an industrial perspective: boundary determination, status combing, and rules reconstruction[J]. Information Theory and Practice, 2023, 46(2): 63⁃70.

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我国知识产权制度建设与营商环境优化研究

张" 雪,吕国富

(贵州商学院 知识产权研究院,贵阳 550014)

摘" " 要:随着全球化和信息技术的迅速发展,知识产权已成为推动经济增长的关键因素之一,而知识产权制度建设则成为衡量一个国家营商环境优劣的重要标准。文章旨在探讨我国知识产权制度建设的现状、面临的挑战以及与营商环境的关系,进而提出相应的对策建议。研究发现,我国知识产权法律体系逐步完善,司法和行政保护力度不断加强,但仍面临侵权易发、维权难和国际合作不足等挑战。这些问题不仅损害了创新主体的合法权益,也影响了市场的公平竞争和商业环境水平。为此,文章建议加强知识产权法律体系的完善,提升知识产权服务与支持能力,加大国际合作与交流,以及加快复合型人才培养等对策,以期为我国知识产权制度建设和营商环境优化提供理论参考,促进我国经济的高质量发展,提升国家在全球经济中的竞争力。

关键词:知识产权;营商环境;制度建设;经济发展

Fund Project: Guizhou Provincial University Humanities and Social Sciences Research Project in 2024 \"Enhancing the Development of New Productive Forces through University Technological Innovation and Intellectual Property Management\"(2024RW256); Guizhou University of Commerce Research Project in 2022 \"Study on the Ideas and Pathways to Drive Agricultural Powerhouse through Digital Economy\" (2022XJZX315)

Author Profile: Zhang Xue, from Guiyang city of Guizhou Province, Doctor of Management, Associate Professor, Research Fields: Intellectual Property Management, Science and Technology Policy;

Lyu Guofu, from Guiyang city of Guizhou Province, Doctor of Education, Second Class Professor, Research Fields: Intellectual Property Management, Public Policy.

1 The data is sourced from the 2024 National Intellectual Property Services Statistical Survey Report published by China National Intellectual Property Administration.

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