Research on the Development Issues of Intellectual Property and Related Services as a Strategic Emerging Industry

Wang Yu, Wang Jinjin

Abstract： ?Strategic emerging industries serve as the "window of opportunity" for the new round of world scientific and technological revolution and industrial transformation （reform）. It is the core link to cultivate new technologies， new formats， new models and new kinetic energy， and to forge new advantages in international competition. In 2018， China classified intellectual property and related services as a strategic emerging industry， reflecting China's great attention to its cultivation and development. With the support of strong scientific and technological forces and preferential government policies， China's intellectual property rights and related service industry has developed new products， new markets， and new integration， and its exploration and layout have made remarkable achievements. This paper gives an in-depth analyses on the latest features， characteristics and classification of China's strategic， correctly identifying the orientation of intellectual property and related service firms from the perspective of strategic emerging industries. This work points out the difficulties of China's intellectual property and related service industry in legislation， law enforcement， culture， talent pool， and regional imbalance. Based on the analysis， suggestion are given to improve legislation， strengthen law enforcement， raise awareness， and cultivate talents while coordinating regional and other levels to put forward effective ideas and grand blueprints for improving the development of China's intellectual property and related service industry. The ultimate goal is to promote sustainable， high-quality， and healthy development of this industry.

Keywords： ?strategic emerging industries; intellectual property right; related services; legal protection

CLC： D 912 ? ? ? ?DC： A ? ? ? ? ? Article ID：2096?9783（2022）02?0138?11

1 Introduction

At present， the world is deeply in the midst of a great change that has not been seen in a century. A new round of scientific and technological revolution and industrial reform is in the ascendant and ready to go. Strategic emerging industries are an important decisive force leading China's future development trend. Such industries are vital for China to improve its economic and social operation， develop high-quality and healthy industries， and enhance sustainable international competition. The 14th Five-Year Plan （2021-2025） for national economic and social development of the People's Republic of China and the outline of long-term objectives for 2035 point out the goal to ″develop strategic emerging industries″. In 2018， the classification of strategic emerging industries （2018） was adopted， expanding the seven fields originally delineated in 2012 to nine fields. The intellectual property rights and related services industry now officially constitutes as one of China's latest strategic emerging industries. Intellectual property and related services are emerging industries derived from the rise of intellectual property.

As a new strategic emerging industry， services related to intellectual property have great development potential， a broad market， and potential for major breakthroughs. With the in-depth promotion of national strategic emerging industries and the increasing intensification of the international intellectual property game， intellectual property and related services have gradually become the key areas of national competition because of their special status. During the 14th Five-Year Plan period （2021-2025）， China urgently needs the support and development of intellectual property rights and related services to develop a new pattern of double circulation， promote the adjustment and optimisation of economic structure， and promote the high-quality and rapid development of strategic emerging industries.

However， at present， the research on intellectual property and related services in China and abroad basically maintains the perspective of law and policy， weakening its industrial perspective; this research pays attention to the boosting effect on other strategic emerging industries but ignores the fact that such services themselves constitute the latest strategic emerging industry. This paper will clarify the orientation of the intellectual property rights and related services industry as a strategic emerging industry and then study how to speed up the construction of this industry system at the current historical starting point. The ultimate goal is to make this system a new engine for the high-quality and healthy development of China's economy.

2 Theoretical Research and Definition of Strategic Emerging Industries

Strategic emerging industries， with major national technological breakthroughs and major strategic development needs as the main direction， play a leading role in creating a new pattern of industrial development with prominent characteristics， complementary advantages， and reasonable structure. They improve China's core competitiveness in the value chain innovation chain of the international industrial chain and promote the stable development of the social economy. With the acceleration of the new scientific and technological revolution and Chinas social economy entering a new stage， profound changes have taken place in the field of strategic emerging industries. Therefore， it is necessary to deeply study and identify the latest connotations， characteristics， and classification of China's strategic emerging industries. This work should further shape and develop strategic emerging industries， forge new growth momentum， build new competitive advantages， promote high-quality and healthy development， deal with the great changes that have not been seen in a century， and firmly grasp the leading power of development.

2.1 Definition of Strategic Emerging Industries

In the decision of the State Council of the People's Republic of China on accelerating the cultivation and development of strategic emerging industries in 2010， the meaning of strategic emerging industries was clarified for the first time. Based on major technological breakthroughs and major development needs， an emerging industry is one with a significant leading role in the overall and long-term economic and social development， intensive knowledge and technology， low consumption of material resources， great growth potential， and good comprehensive benefits. For details， see the decision of the State Council on accelerating the cultivation and development of strategic emerging industries （GF [2010] No. 32）. Any strategic emerging industry should conform to all three ideas of ″strategy″， ″emerging″， and ″industry″.

First， such industries align with the national strategic orientation. Not all industries can be included in the development scope of the national strategic priority planning. Those that do should have a strategic orientation related to the national core competitiveness： comprehensive， driving， and long-term. China's economic and social development has entered a new stage， practising new development concepts and forming a new development pattern. A strategic emerging industry should also meet the strategic requirements of the transformation of old and new kinetic energy and high-quality development.

Second， strategic emerging industries are driven by emerging technologies; they rise rapidly driven by such new technologies. Their orientation changes dynamically with the latest scientific and technological development， and they deeply blend with emerging technologies such as 5G， cloud computing， blockchain， big data， the Internet of things， and artificial intelligence. These cutting-edge ideas shape new industrial products， new models， and new business forms.

Third， strategic emerging industries pay attention to the core of industrial development. Strategic emerging industries include both new fields generated by the evolution of emerging technologies and secondary business forms generated by traditional industries embedded in emerging technologies. On the one hand， traditional industries should become the premise and foundation for cultivating emerging industries. On the other hand， new knowledge， new technology， and new ideas of emerging industries should promote traditional industries. Therefore， the key feature of China's strategic emerging industry is a trinity of ″strategy + emerging + industry″.

2.2 Characteristics of Strategic Emerging Industries SEI

Strategic emerging industries take technological innovation as a cornerstone， the upgrading of industrial structure and the optimisation of development mode as the goal， and the realisation of national strategy as the support. They have the characteristics of a strategic frontier， strong demand， technological intensity， sufficient capital， government support， market-driven behaviour， green sustainability， and excellent benefits. Strategic emerging industries have the remarkable characteristics of strategic leadership， future leadership， and ecological adaptation in China based on the new development stage， implementing the new development concepts， and building a new development pattern.

First， an SEI is a strategic forerunner. SEIs are the most dynamic part of Chinas economic system， and they have the highest growth potential. As a core industry to support the country's future economic development， this industry will strengthen strategic orientation， strengthen targeted requirements， and take the lead in trial and error and continuous iteration in key areas.

Second， SEIs provide future leadership. On the one hand， they lead the upgrading of the supply side and promote industrial transformation， which has a strong influence. An SEI can upgrade and transform traditional industries， playing its role of demonstration， driving， and promoting the integration of industrial resources， optimising industrial structure， and extending the industrial life cycle. On the other hand， SEIs lead the upgrading of the demand side， stimulate consumption potential. and have a strong driving force to propel. The 14th Five-Year Plan points out that to comprehensively promote consumption， the development of SEIs will accelerate the construction of a complete domestic demand system， fully tap the potential of the domestic market， and use emerging industries to drive a new consumption model. In the end， SEIs should accelerate the construction of a ″double cycle″， lead ?to China's high-quality and healthy economic growth， and become the leading industry of the national economy in the future.

Third， SEIs exhibit ecological adaptation. An SEI is a model resource-saving and environment-friendly industry， which aligns with the new development concept of ″innovation， coordination， green， openness， and sharing″. SEIs are more friendly to natural ecology than most industries and are highly clustered in industrial ecology. At the same time， any SEI also adapts to and promotes the further optimisation of social ecology.

2.3 Classification of Strategic Emerging Industries

In 2010， following the requirements of the decision of the State Council on accelerating the cultivation and development of strategic emerging industries， China classified seven industries as SEIs： the new generation information technology industry， high-end equipment manufacturing industry， new material industry， biological industry， new energy automobile industry， new energy industry， and energy conservation and environmental protection industry. In 2018， the list of strategic emerging industries was extended to include the digital creative industry and related service industry [see the classification of strategic emerging industries （2018） （Order No. 23 of the National Bureau of Statistics）]. In other words， the digital creative industry and related service industry were officially designated as Chinese SEIs for the first time. Specifically， it includes aspects such as intellectual property insurance， intellectual property related legal services， intellectual property education， and training services. Therefore， from here on， this paper uses the more complete term ″intellectual property rights and related services industry″， abbreviated as IPRRS.

3 The Intellectual Property Rights and Related Services Industry Conforms to the Definition of a Strategic Emerging Industry

The intellectual property rights and related services industry covers a wide range. It is not only an important pillar industry， but also an extension of the upstream and downstream of the SEI chain. This industry is a crucial part of China's plan to cultivate and shape SEIs. However， in the past， IPRRS was only regarded as ancillary facilities that supported services and boosted tools and rights protection of other SEIs. IPRRS was ignored or rarely recognised as an SEI itself， resulting in insufficient attention to its development and protection. Therefore， it is urgent to clarify why IPRRS is a strategic emerging industry， and clarify whether it meets the criteria for identification as an SEI. We argue below that IPRRS has a stable market industry demand， high-quality economic and technological benefits， and a strong ability to drive industrial progress.

3.1 IPRRS Has a Stable Market and Industry Demand

On the one hand， with the deepening of China's reform policy of ″release， management， and service″ and the continuous improvement of the industrial environment， the number of IPRRS-related companies in China has continued to grow steadily， and the development momentum of intensive clustering is remarkable. On the other hand， the demand for intellectual property rights and related services work is growing rapidly. This growth is due to the development of the ″whole chain″ of intellectual property rights in China （The 25th collective study of the Political Bureau of China's CPC Central Committee declared， ″We should open up the whole chain of creation， application， protection， management， and service of intellectual property rights， improve the comprehensive management system of intellectual property rights， and enhance the ability of system protection″）. China's number of patent applications leads the world， and high-value patent screening requirements continue to highlight Chinas progress. These current features of Chinese development ensure a stable market demand for IPRRS from the perspectives of supply and demand.

3.2 IPRRS Has High-Quality Economic and Technological Benefits

Firstly， IPPRS's economic benefits continue to improve rapidly. In 2019， the revenue of China IPRRS was about 210 billion yuan， which was a year-on-year increase of 13.2%. Secondly， the role of attracting employment continues to strengthen. By the end of 2019， there were about 820 000 employees in China IPRRS， an increase of 2.6% over the end of 2018 [see the 2020 national statistical survey report on the intellectual property service industry by the State Intellectual Property Office]. Thirdly， IPRRS plays a prominent role in supporting technological innovation. In 2019， the IPRRS firms applied for a total of 1 184 000 invention patents， accounting for 84.5% of the Chinese total invention patent applications in 2019. The patent reserves in key core technology fields have been continuously strengthened， and the driving force of technological innovation development has been continuously strengthened.

3.3 IPRRS Has Strong Industrial Driving Ability

On the one hand， IPRRS promotes the rapid development of new models and new business formats. Emerging industries formed by embedded intellectual property rights and related services such as 5G， artificial intelligence， big data， cloud computing， Internet of things， and blockchain are widely emerging and are applied in IPRRS firms for patent early warning， consulting and analysis， intellectual property rights protection， and other activities. On the other hand， intellectual property rights and related services strongly promote innovation. IPRRS encourages traditional will promote traditional industries to optimise their allocation of production factors. IPRRS also encourages the creation of an innovation ecology， promotes the transformation of industrial structure， and spreads new industrial vitality by laying out a new industrial model featuring good quality， excellent patents， good trademarks， and strong competition.

It can be seen that IPRRS fully aligns with the selection criteria of Chinas strategic emerging industries， so IPRRS certainly belongs to the set of SEIs. Therefore， it is urgent to correctly position and recognise IPRRS， viewing it from the SEI perspective.

4 Analysis of the Attributes of IPRRS as an SEI

Because SEIs are related to international core competitiveness and economic development potential， countries all over the world pay great attention to the shaping and cultivation of their SEIs. Although it was classified as a new SEI in 2018， IPRRS needs to further analyse the connotations， characteristics， and status of intellectual property rights and related services to clarify why it is an SEI. Doing so will promote the development and protection of IPRRS firms from the perspective of strategic emerging industries.

4.1 The Latest Definition and Connotations of Intellectual Property and Related Services

The industry focusing on intellectual property rights and related services is not a new industry generated by the evolution of emerging technologies; rather， these companies are secondary businesses generated by the embedding of intellectual property rights within emerging technologies being adopted by traditional industries. Traditional industries and other emerging industries are the industrial cornerstone and service objects of IPRRS work. At the same time， IPRRS protects the whole chain and whole process of penetration of traditional industries and other emerging industries， so as to lead the deep integration， extensive clustering， and high-quality ecological development of strategic emerging industries. To clarify the industrial connotations of IPRRS， it is necessary to subdivide it into the ″intellectual property industry″ and ″related service industry″ and also integrate it into the ″intellectual property and related service industry″ to have a comprehensive and accurate understanding of its role as a strategic emerging industry， and correctly guide and promote the high-quality and healthy development of the industry.

4.1.1 Intellectual Property Industry

Intellectual property industry refers to a series of economic activities around the whole chain of creation， application， protection， management and service of intellectual property products and services， such as producing intellectual property products， realizing intellectual property value and providing intellectual property services. According to the degree of dependence of different industries on intellectual property， it can be divided into intellectual property core industries， intellectual property-dependent industries， and ″other″ intellectual property industries. The core industry of intellectual property refers to the industry that is specialised or wholly engaged in the production， creation， distribution， and sales of intellectual property; as such， it highly depends on copyright， patent， and trademark resources. The dependent industry of intellectual property refers to the main body or part of intellectual property products and services to facilitate the supply. ″Other″ intellectual property industries refer to attaching a certain proportion of industries to intellectual property products and services.

4.1.2 Related Services

According to the classification of strategic emerging industries （2018）， the related service industries involved include aspects such as property insurance， legal services， and vocational skills training， which are classified as modern service industries. Specifically， related services refers to firms that rely on developing high-tech and modern management modes， business modes， and organisational forms to provide high value-added and knowledge-intensive production and life services to society. This industry has the characteristics of intensive knowledge elements， high product added value， little resource consumption， specialisation， diversification， and personalisation.

4.1.3 Intellectual Property Rights and Related Services

IPRRS， a combination of the previous two， refers to the knowledge-intensive service industry that provides the whole process of ″creation， application， management， protection， and service″ and all-round relevant legal and technical services of ″acquisition， use， and protection″ of intellectual property rights. It is not only the deep integration of the intellectual property industry and related service industry， but also a source of secondary innovation combining emerging technology and traditional services. This industry is in step with the latest strategic emerging industries with high scientific and technological content， strong distribution capacity， great market potential， and excellent comprehensive benefits. At the same time， it is closely related to other strategic emerging industries because it features in-depth penetration， organic integration， and value amplification. The specific industrial content includes information services， agency and legal services， application and transformation services， consulting services， training services， insurance services， and others.

4.2 Unique Features of IPRRS

As a national strategic focus， the core of enterprise development and the focus of intellectual property competition， IPRRS has gradually become an important force leading the future development. Its development not only has the basic characteristics of general industries， but also conforms to the characteristics of SEIs， which is mainly reflected in market innovation and intensive penetration.

4.2.1 Market Innovation

The development process of IPRRS is the process of innovation and creation. Its market innovation closely covers the ″whole chain″ of industries from the right of scientific discovery to the creation， application， management， protection， service， industrialisation， and region of intellectual property， and finally points to national competitiveness. At the same time， the innovations of IPRRS are guided by market demand. By building a complete industrial chain， China can improve its efficiency and level of independent innovation; realise the joint force of economic， scientific， technological and social benefits; and have IPRRS become a pillar supporting innovation-driven development.

4.2.2 Intensive Penetration

With the in-depth implementation of the national intellectual property strategy and the acceleration of intellectual property power， China IPRRS has entered a rapid growth period and penetrated all fields， industries， and departments of Chinas social and economic development. On the one hand， the products and services produced by IPPRS can be used in other industries in an all-round， multi-field and wide-angle manner， distributing innovations to lead to the optimal development of related industries. On the other hand， IPRRS has integrated innovative resources， promoted the diversification of the industrial chain and supply chain， realised large-scale development， and emerged as a large industrial cluster.

4.3 Strategic Position of IPRRS

As a new strategic emerging industry， the necessity of IPRRS's strategic position is self-evident. It plays an important role in improving China's position and core competitiveness in the international industrial chain， value chain， and innovation chain while promoting the stability and development of the national economy. The overall， long-term， and dynamic nature of Chinas place in the world results from the strategic position of IPRRS.

4.3.1 Overall

IPRRS is related to the modernisation of Chinas national governance system and governance capacity， high-quality development， people's well-being， the overall situation of national opening to the outside world， and national security. It not only makes outstanding contributions to social and economic development， but also plays a strong leading and driving role in other industries. Doing a good job in the top-level design of IPRRS in the new development stage undoubtedly has great strategic significance and position related to the overall situation.

4.3.2 Long Term

At present， China is in a new stage of development in which the domestic cycle is the main body， and the domestic and international double cycles promote each other. There is an urgent， long-term need to accelerate scientific and technological innovation， strengthen intellectual property rights and related services， and master the initiatives of competition and development. During the 14th Five-Year Plan period （2021-2025） and the outline of long-term objectives for 2035 points out that China should develop strategic emerging industries.During the 14th Five-Year Plan period （2021-2025） and after， IPRRS has long-term and sustainable growth potential in terms of market， products， technology， employment， and reform.

4.3.3 Dynamic

At present， China is in the critical period of its fourth industrial revolution， i.e. industry 4.0. The scientific and technological changes brought by the fourth industrial revolution will further reshape entrepreneurship， enterprises， and markets while highlighting the characteristics of the interconnection of all things， unity of virtual reality， and industrial integration. As a strategic emerging industry， IPRRS is undergoing dynamic changes in the fourth industrial revolution. IPRRS firms will continue to dynamically integrate with 5G， big data， cloud computing， Internet of things， artificial intelligence， intelligent society， and digital economy. They will become an important driving force for leading investment， talent gathering， and scientific and technological research and development.

5 Development Dilemma of IPRRS as a Strategic Emerging Industry

As a new SEI， IPRRS has made a series of development achievements. However， as an industry of ″traditional services + strategic emerging″， it is faced with bottlenecks such as lagging overall technology industrialisation of strategic emerging industries， weak international competitiveness， low capacity utilisation， emerging regional differences， and insufficient environmental support. It also faces difficulties such as the lack of legislation regarding IPRRS， weak and inefficient law enforcement protection， lack of service culture， shortage of professionals， and imbalance of regional development contradictions.

5.1 Lacking and Lagging Industrial Legislation

At present， laws and regulations specially devoted to regulating intellectual property and related services in the field of strategic emerging industries are lacking， or at least lagging behind the requirements. China's national regulation of the development of IPRRS is mostly carried out in the form of policies. As an industry， IPRRS lacks the support of laws and regulations; those that exist have poor operability and are divorced from reality. The policies cannot meet the legislative requirements of industrial development， and cannot effectively restrict or protect IPRRS， resulting in many disadvantages， such as informal agencies disturbing the market order and vicious low-cost competition within the industry. That legislative condition is not conducive to the further development of IPRRS， nor to the protection of intellectual property rights and the improvement of product added value of other SEIs.

5.2 Weak Law Enforcement Protection and Low Efficiency

The protection and law enforcement relating to IPRRS covers the whole process of ″obtaining rights - using rights - safeguarding rights″. For this specialised industry operating in the field of intellectual property， the number of industrial activity cases is growing rapidly， the focus of disputes is more complex， the dispute handling is becoming more and more difficult， and the case settlement is seriously insufficient. At the same time， Chinas law enforcement level for disputes relating to IPRRS is low， inefficient， and weak; the current level cannot meet the requirements of its industry for more professional， timely， and strong law enforcement， thus limiting the forward development of China's intellectual property rights and related service industries.

5.3 Lack of Service Culture

As a new SEI， the industrial model and system of China IPRRS is mostly derived from reference to and grafting in of the development experience of foreign developed countries and regions. Although the time cost is saved， this adoption mode leads to the lack of cultural accumulation of IPRRS， indifference to service awareness， deviation， and insufficient understanding of its industry due to low public recognition. This situation limits the investment desire and development scale within the industry and also directly affects the career choices of the public. As a result， the IPRRS development speed is slow， and it is unable to maintain health and order in fierce industrial competition.

5.4 Shortage of Professionals

IPRRS has a great demand for and high dependence on professionals. First of all， there is a lack of professional talent training. Due to the constraints of Chinas professional talent mechanism， structure， and training， there is an extreme lack of management， service， law， training， insurance， and compound talents; this shortage makes it difficult to support the needs of the rapid development of the industry. Secondly， there is a shortage of professionals focussed on this area， resulting in a big gap between the needs of IPRRS and the supply of personnel. There is an even greater shortage of high-end talents with strategic key industry and global vision. Thirdly， the professional brain drain is serious. The lack of an evaluation system， low treatment level， and low social status of those working in IPRRS in China leads to a large amount of brain drain， which further aggravates the shortage of intellectual property and related service professionals.

5.5 Imbalance of Regional Development Contradictions

With the support of the national strategic emerging industry policy， China intellectual property rights and related service industries have developed rapidly. However， due to the contradiction of regional disharmony and imbalance in China social and economic development， the regional development of IPRRS within China is unbalanced. Relying on the advantages of resources， location， and talents， China developed eastern regions have firmly taken the lead in the development of IPRRS， and its number of related firms accounts for more than 60% of the national total. The development of IPRRS in China underdeveloped western regions lags far behind that in the eastern and central regions. The imbalance of regional development is not conducive to the overall high-level and high-quality development of China intellectual property and related service firms， nor to the adjustment and upgrading of the industrial structure.

6 Improvement of IPRRS as an SEI

With the support of favourable laws and policies， IPRRS has developed by leaps and bounds in recent years， giving full play to its role as a high-quality economic development engine. At the same time， the industrial development shows the trends of prosperity in key areas， exposure of new growth points， leaps in innovation level， and strengthening of competitive strength， forming a high-quality development pattern. However， today's world is facing great changes that have not been seen in a century. During the 14th Five-Year Plan period （2021-2025） and even over a longer period， Chinas IPRRS will face a more severe internal and external environment. It is necessary to fit IPRRS into the general pattern of high-quality development of SEIs by improving the system of laws and regulations， strengthening protection， and providing meaningful law enforcement. More scientific and effective improvement measures are needed， such as improving the service culture atmosphere， cultivating an industry team of professionals， and optimising the regional layout of the industry， to promote sustained， high-quality， and healthy development of IPRRS as an SEI.

6.1 Improve the System of Laws and Regulations

A sound system of laws and regulations is the cornerstone and reliance for the sustained， high-quality and healthy development of IPRRS. China amended its trademark law in 2019 and the patent law and copyright law in 2020. At the same time， it also improved the contents of works， patents， trademarks， new plant varieties， and geographical indications through normative legal documents such as administrative regulations， local regulations， departmental rules， local government rules and judicial interpretations. This process has gradually formed a ″four beams and eight pillars″ structure of the intellectual property law and regulation system with the special intellectual property law as the ″top beam″ and relevant administrative regulations， local regulations， departmental rules， local government rules， and judicial interpretation as the ″pillars″.

However， China's intellectual property laws and regulations system considers the protection of intellectual property as the main focus. For its derivative emerging service industry， relevant laws and regulations are rarely promulgated， and there are few laws and regulations specifically regulating IPRRS. As an SEI， the development of IPRRS urgently needs the emergence of special legislation. At the same time， China should also improve other laws and regulations closely related to the development of the industry， such as economic law， company law， anti-unfair competition law， and anti-monopoly law. The ″four beams and eight pillars″ legal and regulatory system provides an all-round， multi-angle， and wide-ranging guarantee for legal development， to meet the requirements of seizing the legislative opportunity as an SEI， giving full play to the advantages of the system and realising IPRRSs potential as an industry leader.

6.2 Strengthen Protection and Law Enforcement

″Protecting intellectual property is protecting innovation.″ The development of IPRRS especially requires law enforcement protection， and the three-dimensional protection system of ″strict protection， large protection， fast protection， and same protection″ should be improved. At present， the following actions are advisable. First， strengthen protection and promote ″strict protection″ of intellectual property and related service industries. Improve the quality of law enforcement involved in the industry， increase punishments， deal with violations strictly and severely according to law， and maintain the market competition order. Secondly， improve the linkage mechanism to realise the ″large protection″ of IPRRS. Strengthen the whole process of law enforcement and protection of intellectual property retrieval， verification， and legal consultation of the industry， establish a multisectoral co-governance mechanism， and promote the formation of a joint force of law enforcement and protection. Thirdly， reduce the law enforcement cycle and actively promote the ″fast protection″ of intellectual property and related service industries. Continue to improve the efficiency of the trial and handling of cases， reduce the case closure cycle， and better meet the needs of the industry. Finally， deepen exchanges and cooperation and efficiently promote the ″same protection″ of intellectual property rights and related industries. Establish and improve the communication and dialogue mechanism between law enforcement departments and enterprises， treat and protect all subjects in the industry equally， and build a better innovative operation environment. With the law enforcement protection of ″strict， big， and fast″， it is possible to optimise the development environment of IPRRS as an SEI.

6.3 Improve the Service Culture

Under the background of the dual cycle development pattern and giving full play to the driving force of domestic demand， the competition among SEIs is increasing. IPRRS firms need to be guided by market demand， provide a good service atmosphere， and be supported by a profound intellectual property culture， so as to form a strong service cultural atmosphere of respecting knowledge， advocating innovation， integrity， and law-abiding and coordinated development. This will realise the high-quality， efficient， sustainable， and healthy development of IPRRS.

Firstly， we need to transform the driving force for the development of IPRRS， transform policy oriented driving factors such as subsidies and incentives into technology， innovation and domestic demand driving factors， and regulate the development of related service fields through market driving factors; secondly， with the fierce international competition， the Sino US trade war has led to the escalation of trade frictions related to intellectual property rights， and the increasing demand for intellectual property service business in the transformation and export of relevant trade enterprises. We should grasp the law of market development， follow the market and expand the service field in time to make it expand to the high-end field; Thirdly， grasp the challenges and opportunities under current events such as the global outbreak， carry out the transformation and upgrading of IPRRS， expand service areas and create a new ecosystem of services.

6.4 Training Professional Talents

The development of intellectual property and related services urgently needs the support of a ″high-quality and top-notch″ professional talent team. As an SEI， the layout of the talent team in line with ″strategic， emerging， and cutting-edge″ is very complex and special. The required professionals must master the professional knowledge of intellectual property disciplines， but also need to have skills in foreign languages， finance， accounting， taxation， management， engineering， law， and other related fields. Cultivate professional compound talents who understand technology， law， management and the market.

On the one hand， improve the talent evaluation system， deeply and comprehensively promote the reform of the professional title system of economic professionals， improve the social status of IPRRS talents， enhance the sense of professional belonging of employees， and attract more talents to enter IPRRS; on the other hand， strengthen talent training， improve the setting of intellectual property and related service disciplines， encourage enterprises to cooperate with universities， intellectual property research institutes and TISC， establish training bases and other multi angle innovative professional talent training modes. Form a human resource supply guarantee with a new era strategic perspective and knowledge structure， and provide a strong professional talent team support for IPRRSs high-quality and healthy development.

6.5 Optimise the Industrial Regional Layout

At present， the development of Chinas IPRRS among regions is extremely uncoordinated. Both the number of existing firms and the number of new settlements in the eastern developed regions are much higher than those in other regions. The imbalance of regional development has gradually formed a serious obstacle to the sustainable development of the industry. Therefore， it is necessary to give full play to the regional guiding role of SEIs， relying on the intellectual property highlands and rich mines such as the comprehensive national science centre. This practice can constantly create a new growth direction for IPRRS， constantly give full play to its distribution， demonstration， and spillover effects， to open up the development context of IPRRS in all regions of China.

On the one hand， the service highland formed by gathering development advantages， should give full play to the whole chain service role of the service industry in the gathering area， driving the relatively inferior areas with the advantageous areas， further carrying out the exploration and promotion of the high-end service field， and promoting the development of the high-end service field; on the other hand， establish and improve the regional coordinated development mechanism and radiation driving mechanism， gradually reduce the regional differences in service environment and resources， form the docking and support construction between developed and underdeveloped regions， and strengthen the cooperation and exchange between provinces and cities. Finally， as a strategic emerging industry， the intellectual property rights and related services industry should form a new regional development pattern of expanding from a point to an area， and from small circles to larger groups by area combination. The plan must involve targeted positioning， distributed development， coordination， and the sharing of resources.

7 Conclusions

As a strategic emerging industry， the correct understanding of intellectual property， and services related to intellectual property， are gradually gaining society's attention. The difficulties faced by this industry's development require coordination and improvements with the cooperation of the government， enterprises， and the public. At present， the world is undergoing profound changes that have not been seen in a century. During and after the ″14th Five-Year Plan″， the coordinated development of the intellectual property rights and related services industry is the only way to optimise China's industrial layout and enhance China's or it's comprehensive national strength and competitiveness. Under the background of developing strategic emerging industries， this industry focussing on intellectual property and related services will be in a period of unprecedented opportunity. Therefore， China should correctly understand this industry from the perspective and height of strategic emerging industries. Viewing it properly this way will allow China to build an intellectual property and related service system with perfect function， excellent structure， and high output quality in line with the law of economic development in the new era.

References：

[1] LONG Y. Give better play to the leading role of strategic emerging industries[N]. Science and Technology Daily， 2021-03-11 （006）.

[2] WANG B. Research on international competitiveness of intellectual property intensive industries and policy suggestions[J]. Intellectual Property， 2019 （11）： 79?86.

[3] YANG J， SHEN W， WANG Y. Develop the whole chain of intellectual property services and create a good business environment[J]. China Trademark， 2019 （4）： 18?20.

[4] LIU J. On the development of intellectual property service industry under the background of reform and opening up [J]. Chinese Invention and Patent， 2018， 15 （8）： 57?68.

[5] CHEN J. Improving intellectual property services to support innovation driven development[N]. China Intellectual Property News， 2018-06-06 （009）.

[6] SHEN C. Comprehensively opening a new journey of building an intellectual property power[J]. Intellectual Property， 2017 （10）： 3?21.

[7] ZENG L， CHEN Q. Review and enlightenment of intellectual property research in the development of foreign emerging industries[J]. Science Technology and Law， 2017 （5）： 33?40.

[8] KONG L. Intellectual property intensive industries should become the ″new supply″ of economic structure reform [N]. China Intellectual Property News， 2017-03-03 （008）.

[9] LIU J， YANG Z. Analysis of the legal environment for the development of China's intellectual property service industry and its improvement suggestions[J]. Intellectual Property， 2016 （4）： 96?101.

[10] GUO X， LI X. Vigorously developing strategic emerging industries[N]. Peoples Daily， 2015-12-31 （007）.

[11] LI L， YIN F. We should further improve the intellectual property policy for strategic emerging industries[N]. China Intellectual Property News， 2015-11-18 （001）.

[12] FU X J. Analysis of intellectual property information public service from the perspective of information freedom [J]. Intellectual Property， 2015 （5）： 82?86.

[13] MAO H， MAO J. Thoughts on the development of Chinas intellectual property service industry[J]. Intellectual Property， 2013 （12）： 75?80.

[14] CUI J. Exploring a new path of building an innovative country with intellectual property services[N]. China Intellectual Property News， 2012-11-07 （001）.

[15] MAO J， CHENG W. Preliminary study on intellectual property policy of strategic emerging industries[J]. Intellectual Property， 2011 （9）： 63?69.

[16] BARTOMIEJ B. The economics of intellectual property and openness： the tragedy of intangible abundance[M]. London： Taylor and Francis， 2021.

戰(zhàn)略性新興產(chǎn)業(yè)知識產(chǎn)權(quán)及相關(guān)服務(wù)的發(fā)展問題研究

王 宇，王金金

（中國科學(xué)技術(shù)大學(xué) 知識產(chǎn)權(quán)研究院，合肥，230026）

摘 ? ?要：戰(zhàn)略性新興產(chǎn)業(yè)作為最新一輪世界科技革命與產(chǎn)業(yè)變革的“機(jī)會窗口”，是塑造新技術(shù)、新業(yè)態(tài)、新模式、新動能，鍛造未來國際競爭新優(yōu)勢的核心環(huán)節(jié)。2018年知識產(chǎn)權(quán)及相關(guān)服務(wù)新增成為戰(zhàn)略性新興產(chǎn)業(yè)，體現(xiàn)了我國對其培育發(fā)展的高度重視。在強(qiáng)大的科技力量與優(yōu)惠的政府政策支持下，我國知識產(chǎn)權(quán)及相關(guān)服務(wù)產(chǎn)業(yè)裂變出新產(chǎn)品、新市場、新融合，其探索和布局取得了傲人成績。文章對我國戰(zhàn)略性新興產(chǎn)業(yè)的最新內(nèi)涵、特征和分類進(jìn)行深刻剖析，并從戰(zhàn)略性新興產(chǎn)業(yè)的角度正確認(rèn)知知識產(chǎn)權(quán)及相關(guān)服務(wù)的權(quán)屬定位，指出我國知識產(chǎn)權(quán)及相關(guān)服務(wù)產(chǎn)業(yè)在立法、執(zhí)法、文化、人才、區(qū)域等困境，并從完善立法、加強(qiáng)執(zhí)法、提升意識、培育人才、協(xié)調(diào)區(qū)域等層面提出完善知識產(chǎn)權(quán)及相關(guān)服務(wù)產(chǎn)業(yè)發(fā)展的有效構(gòu)想，推動該產(chǎn)業(yè)持續(xù)高質(zhì)健康的發(fā)展。

關(guān)鍵詞：戰(zhàn)略性新興產(chǎn)業(yè);知識產(chǎn)權(quán);相關(guān)服務(wù);法律保護(hù)