Brexit, for both the United Kingdom and the European Union, can be described as a lose-lose situation; for some developing countries that have been catching up in the field of intellectual property and innovation for a long time, this is a good time to overtake on the curve.
As a former British colony, India's economic, scientific and technological status has long been closely related to the development and changes of Britain. In the first half of the 20th century, Britain's control over overseas colonies, which had been hit hard by two world wars, gradually weakened. India, which had always struggled for national liberation, took advantage of the weakness of Britain's post-war national strength to achieve independence in one fell swoop. Since then, it has broken away from indirect or direct British control for more than 300 years and embarked on the road of developing national industry and independent scientific and technological innovation. Brexit, which involves many countries and a wide range of fields, is undoubtedly a world turmoil in the economic field. Relevant experts believe that if India can take this opportunity to respond to the attacks on its intellectual property policies by developed countries represented by some EU member states and realize the independence of its intellectual property system, it will be of great benefit to its economic and technological development.
In the face of high demands from developed countries for their IPR protection, can India withstand the pressure to develop an IPR protection system adapted to its own national conditions? One month before the Brexit referendum, India handed over a world-renowned answer-the Indian government issued a National Intellectual Property Policy, which provides unified management and protection of previously decentralized intellectual property rights. The policy pointed out that the relevant laws of India have met the minimum requirements of the World Trade Organization for intellectual property protection and will not be revised in the short term due to doubts from developed countries. Relevant experts believe that, unlike the United States and the European Union, which have strengthened the protection of intellectual property rights through legislation, India's efforts to promote the development of specific fields and scientific and technological progress through the formulation of new policies by government departments have more practical significance. During the years-long formulation of the policy, the media in developed countries such as the British National Broadcasting Corporation (BBC) were full of negative comments on the policy. Now the EU itself due to the Brexit incident, the construction of the European Unified Patent Court and other matters are still inconclusive, some multinational monopolies are still on the sidelines of the EU market, may not have time to influence the implementation of India's new policy. Relevant experts believe that if India's new policy can be implemented smoothly, it may increase its weight in the game of international intellectual property rights, thereby strengthening its international intellectual property right to speak, and even taking advantage of the opportunity to become one of the intellectual property powers or unknown.
"As a developing country, India is facing the contradiction between the insufficient development of domestic science and technology and the pressure of developed countries to require high protection of intellectual property rights. In this context, India uses intellectual property rights as a legal and policy tool, and does not violate international law. Within the scope of obligations, it is not blindly pursuing higher protection standards, but formulating intellectual property policies based on the needs of domestic industrial technology development. This has some implications for other developing countries." Peking University science and technology law research center experts said.
Looking at the changes in the world's intellectual property system, we can see that the developing countries represented by India, which took the lead in economic transformation and upgrading in the post-industrial era, while actively integrating with the intellectual property systems of developed countries, they also coincidentally follow up according to their own practices. It is not blindly following up to join the international intellectual property competition. At present, when the global economic downturn is gradually expanding, Brexit also makes people see that the old intellectual property giants that have been passed down for hundreds of years are not permanent. As a result, people turn their attention to those in the forefront of developing countries. Although their driving force and control of world innovation are still unable to match that of Europe and the United States, they have become the "hot cake" in the world market through a relatively stable political system, a rising economic environment and a growing demand for innovation ".
As a leader among developing countries, China is the only developing country among the members of the five (IP5) bureaus of China, the United States, Europe, Japan and South Korea. The 2014 IP5 annual statistical report shows that the number of domestic and foreign patent applications received by the State Intellectual Property Office of China increased by 12.5 year-on-year, ranking first among the five offices and four times the growth rate of the European Patent Office. According to the 2015 annual report recently released by the European Patent Office, patent applications from mainland China accounted for 11% of the total annual applications received by the office, reaching 31504, nearly five times that of the United Kingdom, ranked fourth among all the countries of origin of the application. There is no doubt that China's IP status is increasingly important to the EU and the UK, as well as other developed countries and regions.
While watching the turbulent European market, many investors have turned their attention to Brazil, an emerging intellectual property power. As early as the 1960 s, Brazil became a regional power with the posture of a quasi-developed country. However, the rapid economic development brought about by the low technology-intensive model has also planted bitter fruit for the future. Brazil, which lacks independent innovation, was defeated by the financial crisis in the 1990 s and has been subject to developed countries for a long time thereafter. In recent years, with Brazil's continuous introduction of favorable policies on intellectual property rights, countries around the world have laid out intellectual property rights in Brazil. However, the rapid growth in the number of patent and trademark applications has overwhelmed the relevant Brazilian institutions, and some patent applications have not even been granted until 6 to 10 years later. In this regard, Brazil has taken many measures to eliminate the backlog in 2017 and further play the role of intellectual property rights in promoting the economy. At a time when the unified patent system in Europe is at risk of change due to Brexit, Brazil, which is quietly emerging, may play a more important role.
Relevant experts believe that the European Union, which has lost the United Kingdom, has undoubtedly lost an important member in the field of intellectual property rights. For this reason, it may have closer cooperation and ties with India, China, Brazil and other countries in the field of intellectual property rights; while the United Kingdom, which has left the European Union, The plan to establish a unified European Patent Court in London may come to nothing, with the process of brexit, it will be more obstructed by other EU countries, so its demand for cooperation among developing countries will be stronger. On the road of accelerating the construction of a powerful country in intellectual property rights, developing countries may usher in more friendly cooperation between the EU and the UK, and the status of intellectual property rights can be improved.