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纺织品中小企业的知识产权保护与竞争力

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纺织品中小企业的知识产权保护与竞争力 Powered By Docstoc
					 INTELLECTUAL PROPERTY AND
THE COMPETITIVENESS OF SMALL
AND MEDIUM-SIZED ENTERPRISES
  IN THE TEXTILE INDUSTRY IN
            CHINA
         CAO Jinyan, Deputy Director General
  Intellectual Property Development Research Center

      State Intellectual Property Office of China
                 November 30, 2005
                     Contents
• Status Quo of Textile Industry in China
• Market Position of the Chinese Textile Industry in
  Domestic and International Markets
• IPR Protection in Textile Industry
• Patent Protection in Textile Industry in China
• Chinese Textile Industry’s Susceptibility to IPR
  Protection
• Self-Discipline of the Chinese Textile Guild
• Influence of IPR Protection to the Development of the
  Chinese Textile Industry
    Status Quo of Textile Industry
              in China
• During the first nine months, the amount
  of export of clothing and accessories
  from China is about 54.54 billion USDs,
  22% increase over the first nine months
  in previous year; the amount of export
  of yarn, textile and manufactured
  products is about 30.45 billion USDs,
  24.8% increase over the first nine
  months in previous year.
  Market Position of the Chinese
  Textile Industry in Domestic and
        International Markets
• Small and medium-sized enterprises
  (SMEs) over 99%.
  – standard of SMEs
    • Less than 2,000 employees;
    • Sales revenue less than 300 million Chinese
      Yuan (about 30 million Euros) ; or
    • Total assets less than 400 million Chinese
      Yuan (about 40 million Euros).
Market Position of the Chinese Textile
Industry in Domestic and International
               Markets
• One of the traditional manufacturing sectors
  which offers the most job opportunities
  – 18 million employees in textile industry, and more
    than 100 million employees in the related sectors.
• One of the most important powers for export of
  foreign trade in China
  – export of textile products 95.1 billion USD in 2004,
    accounting for 16% of the total export in the year,
    and accounting for ¼ of the total trade of the textile
    products of the world.
   IPR Protection in Textile Industry

• Patent (invention, utility model and industrial
  design)
   – Material, equipment and process
   – Design, color and pattern of textile products
   – Finished products
• Copyright
   – Design, color and pattern of textile products
• Trademark
• Trade secret
 Patent Protection in Textile Industry
              in China
• Patent applications of invention
              1985-2004 patent applications of invention about clothing
                                 under IPC A41

     200

     150

     100

      50

       0
           1985
                  1986
                         1987
                                1988
                                       1989
                                              1990
                                                     1991
                                                            1992
                                                                   1993
                                                                          1994
                                                                                 1995
                                                                                        1996
                                                                                               1997

                                                                                                      1998
                                                                                                             1999
                                                                                                                    2000
                                                                                                                           2001
                                                                                                                                  2002
                                                                                                                                         2003
                                                                                                                                                2004
Patent Protection in Textile Industry
             in China

    Foreign patent application of invention about clothing under
                    IPC A41 during 1985-2004

  400

  300

  200

  100

   0
        JP   US   DE   KR   IT   GB   AU   SE   CA   DK   CH   ES
Patent Protection in Textile Industry
             in China
• Industrial design
      1985-2004 Registration of industial design about clothing
      and accessories in China under Locarno classification 02

     1000
      800
      600
      400
      200
         0
             1985

                    1987

                           1989

                                  1991

                                         1993

                                                1995

                                                       1997

                                                              1999

                                                                     2001

                                                                            2003
      Chinese Textile Industry’s
    Susceptibility to IPR Protection

• International textile trade dispute mainly in
  low-end or medium-end products.
• Advantage of high-end products in design,
  innovation, brand, financial resource,
  advanced marketing techniques and
  distribution channels.
• Low or medium end products less susceptible
  to IPR.
• High-end products more susceptible to IPR.
    Self-Discipline of the Chinese
             Textile Guild


• Shanghai Declaration on the Intellectual
  Property Protection for interTEXTILE-
  home
            Declaration
1. Acknowledging the effect of the
  intellectual property protection on the
  long-term development of the Chinese
  home textile industry, the Chinese home
  textile industry respects and maintains
  the intellectual property rights and
  opposes against any infringement for
  the intellectual property rights.
              Declaration
2. The Chinese home textile enterprises
  observe the Chinese laws,
  administrative regulations and
  department rules and abide by
  international conventions to which
  China has acceded, regarding the
  protection of intellectual property rights.
              Declaration
3. The Chinese home textile enterprises
  promise to comply with the rules set up
  at the exhibitions, held both home and
  abroad, related to the protection of
  intellectual property rights, to avoid any
  action of infringement to the intellectual
  property rights and not to demonstrate
  any products involved in counterfeiting
  issues.
            Declaration
4. The Chinese home textiles enterprises
  strengthen the self-discipline, mutual
  monitoring with each other for the
  purpose of promoting the intellectual
  property protection.
               Declaration
5. The Chinese home textile industry carries out
  the principle of innovation in depth among the
  enterprises, encourages the original designs
  for the products by organizing the home
  textile design competition, promotes
  positively the implementation of the brand
  strategy, safeguards the fair market
  competition environments and protects the
  self-owned intellectual property of the
  enterprises.
               Declaration
6. During the time period of the exhibitions
  when the home textiles enterprises are
  gathered, the dissemination, spread and
  education of intellectual property knowledge
  will be conducted and the awareness of
  intellectual property should be enhanced,
  making the respect and protection intellectual
  property become the conscious action of the
  enterprises.
             Declaration
7. The fair and free trade should be
  enhanced while the intellectual property
  is protected.
             Declaration
8. The Chinese home textile industry
  strengthens the communication and
  cooperation regarding the intellectual
  property protection with the foreign
  counterpart.
  Influence of IPR Protection to the
 Development of the Chinese Textile
               Industry
• Having IPR Protection Awareness is
  Imminent
  – Strengthening IPR will encourage enterprises
    increasing innovation and design ability, build up
    strong brands, upgrade the tiers of products.
 Influence of IPR Protection to the
Development of the Chinese Textile
              Industry
• IPR Protection, a Choice of All
  – IPR protection, is called for by more and
    more textile companies, foreign and
    Chinese. Chinese companies, with the
    increasing attention to IPR protection, have
    come to realize the importance of
    respecting others’ rights and protecting
    their owns.
Thank You!

				
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