Lin Wei, managing partner, Dare & Sure Law Firm：After 40 years of rapid economic growth, China's economy has entered a new stage, paying more attention to the growth of innovation and quality. Accordingly, the intellectual property rights protection related to it has also begun to show great changes. These changes are not only due to external pressure from the international community, but also due to the changes in China's economic structure.

At the same time, due to market size and trade integration, China has become a major IP jurisdiction in the world, and a considerable number of foreign companies have chosen to fight IP wars in China. I'd like to draw the attention of the relevant subjects to the following changes:

1. Changes and trends in legislations

Laws have recently been revised or promulgated include the new Trademark Law, the new Anti-unfair Competition Law, the E-commerce Law, and judicial interpretations on the trial of administrative cases concerning patent authorization and confirmation, among others. The above-mentioned revisions or ongoing revisions of laws or judicial interpretations show a few trends: the increase in the amount of statutory compensation; the easier access to pre-litigation and in-litigation bans; the patent system is more in line with international standards; and a closer connection with the Internet and data competition.

2. Changes at the judicial level and the formation of new organizational system

The intellectual property court of the supreme people's court (SPC) was open in 2019 to hear appeals from technology and monopoly cases, in addition to the 19 IP courts that have been set up over the past few years across China's major economic development zones, and three in Beijing, Shanghai and Guangzhou. Currently, China has basically formed a specialized court system for the trials of IP cases.

Different from the way other traditional cases are organized, under this new system, we can feel that the quality of IP case trials improved, the standards in line with one another, and professional legal community formed. Recently, there have been a number of cases that deserve attention and have influence beyond China's legal domain. The parties' enthusiasm for seeking intellectual property rights protection in China continues to increase along with the protection effect, supported by the increase of the amount of compensation mentioned above, legislative resources for temporary injunctions, technical investigation, judicial expertise, evidence preservation, distribution and transfer of burden of proof, and the system of first judgment.

3. Changes in noteworthy areas and legal services

I believe that the pharmaceutical and chemical industry, communications, Internet, data and entertainment industry will remain the most important IP dispute areas for quite some time, and the most dynamic part in the legal service market. This is because changes in China's socioeconomic structure and age structure have led people to pay more attention to health and quality of life. Local pharmaceutical companies are also growing rapidly and strengthening their strategic planning in the field of intellectual property.

In addition, China has the smallest gap with the advanced countries in the fields of 5G communication, Internet, big data, artificial intelligence and entertainment, and it is likely to surpass them. However, there are numerous competitors to reinvest in this field, and a large number of foreign-related intellectual property disputes are inevitable.

Judging from the current judicial and law enforcement practice in the United States, Europe and China, intellectual property rights dispute is often related to data protection, competition and anti-trust issues. The multi-oriented demand of intellectual property disputes has put forward more demands and challenges for legal service providers. To become more competitive in the future, traditional IP practitioners need to think more about integration with specific industries, rather than providing services according to academic departmental law.

Lin: The positioning of the STAR Market determines that the scientific and technological innovation and intellectual property work of the companies listed in STAR Market will inevitably become the focus of attention of all parties.

The regulations on intellectual property rights of enterprises in the system of STAR Market are concentrated in papers like Measures for the Administration of Registration of IPO in STAR Market (trial). Judging from the papers, there are six main requirements for the SSE STAR Market companies: (1) the accuracy of industry classification based on IP rights; (2) Whether a company has established a complete IP management system and implements the system effectively; (3) Whether a company has core technology and IP which are clear, complete, independent and sustainable, including the stability of legal status of intellectual property rights, and the certainty and entirety of ownership of intellectual property rights; (4) Whether the core technology and IP are combined with the main business of the company; (5) The relevant information of core technical personnel; and (6) IP related risk disclosure and prevention.

Given the above, my suggestions would be: (1) carrying out comprehensive system planning and deployment as soon as possible, as issues involving intellectual property rights are difficult to cope with through short-term planning; (2) establishing a professional IP management team. The short establishment time of science and innovation enterprises, the insufficient investment in intellectual property management and the lack of a professional intellectual property management team are the shortcomings that the intellectual property work of science and innovation enterprises need to make up; (3) formulating a complete IP management system to improve work efficiency and avoid mistakes; (4) establishing and improving the arrangements for patent management. On the basis of a professional intellectual property management team and a sound intellectual property management system, companies should conduct early patent applications and planning for their core technology; and (5) investigating the risk of litigation. By working together with law firms or third-party institutions, a company should monitor and analyze whether its core product involves a patent that has been filed or granted, and meanwhile formulate an emergency plan.

达晓律师事务所管理合伙人林蔚律师：我认为如下四方面的变化值得相关主体关注：

1.立法层面的变化与趋势

涉及知识产权的法律修订在2019年变得频繁起来，将要出台的法案有专利法的第四次修改、著作权法的第三次修改，新反不正当竞争法的司法解释，已经修改或者出台的有新商标法、新反不正当竞争法、电子商务法（其中的相当条款涉及知识产权）、有关知识产权纠纷行为保全的司法解释，审理专利授权确权行政案件的司法解释。

从上述已经修订或正在修订的法律或司法解释来看，中国知识产权保护的趋势也可以被总结为：法定赔偿数额的提升；诉前、诉中禁令的更易取得；专利制度更加地与国际接轨，医药领域尤其明显；与互联网、数据竞争的关系日益紧密。

2. 司法层面变化及新的组织方式

目前，中国已经基本形成了知识产权审判的专门法院体系。在此架构下，我们能感受到知识产权案件审理的质量提升、标准统一、及专业的法律共同体的形成。

3. 应当被关注的领域和法律服务的变化

通过实务经验结合行业观察，我认为医药化工、通讯、互联网、数据及娱乐行业会是未来相当长一段时间内最引人关注的知识产权争议领域，也是法律服务市场最具活力的部分。

林蔚律师：科创板对企业的要求主要有六个方面：1. 根据知识产权来确定行业分类的准确性；2. 企业是否建立了完善的知识产权管理制度体系并有效运行；3. 核心技术和知识产权是否清晰、完整、独立、可持续；4. 核心技术及知识产权与主营业务的结合，即主要依靠核心技术开展生产经营的认定；5. 核心技术人员的相关信息，包括核心技术人员的独立性、任职合理性、稳定性和企业对核心技术人员的依赖；6. 知识产权的风险披露和预防。

对于公司而言，如何做好知识产权工作直接关乎其能否成功上市以及上市后是否能够安全、合规运营。

因此我建议：首先，尽早进行系统全面的规划和部署。企业必须高度重视知识产权工作，尽早做系统、全面、专业的规划和部署。第二，科创企业急需组建专业的知识产权管理团队。第三，制定完善的知识产权管理制度。企业在知识产权工作初期常常只注重专利申请和商标注册等具体工作，忽略制度构建的系统工作，导致知识产权工作没有制度化、体系化，导致在知识产权工作中出现纰漏。第四，建立和完善专利布局。对于自身的核心技术，应尽早进行专利申请、提前进行专利布局。第五，做好重大诉讼风险排查工作。企业应当进行知识产权侵权风险评估，借助第三方机构或者律师事务所的力量，对竞争对手，以及核心产品涉及的他人专利提前进行分析和监控，做好化解和建立紧急预案制度。