1. The development of the patent electronic application system lags behind and the utilization rate of patent rights is low
On June 19, 1970, in the revision of the Patent Law Treaty (Draft) and the Patent Cooperation Treaty drafted by the World Intellectual Property Organization, the electronic application of patents was confirmed as legal. Later, in December 1990, the Japanese Patent Office also confirmed the legality of electronic patent applications and began to accept electronic patent applications. In 1996, South Korea had already started to experiment with patent applications through the Internet. At the same time, the three patent offices of the United States, Japan and Europe were preparing to apply for patents online through the Internet, and they took the realization of paperless patent documents as the future development direction. However, due to the imperfect intellectual property legal system in my country and the late implementation of relevant legal protection, it did not implement this modification as early as other developed countries, but it also officially opened the electronic patent application platform in March 2004, and the new version of the electronic application system was also put into operation on February 10, 2010. According to the statistics of the National Intellectual Property Administration’s China Patent Electronic Application Network on the national electronic applications from January to June 2012, the national electronic application rate in 2012 was 77.3%, an increase of 45.9% compared with the electronic application rate at the end of 2010. Although the awareness of national intellectual property protection is increasing, the implementation rate of patent applications from 2012 to 2014 was only 2%. my country’s intellectual property rights have problems such as large quantity and low quality, insufficient protection, and high costs, which are the main reasons that seriously restrict corporate innovation and product quality improvement.
2. There is a gap between traditional intellectual property laws and cross-border e-commerce behavior
In my country, the legal protection of intellectual property rights predates the emergence of cross-border e-commerce, which has led to the phenomenon that the intellectual property products stipulated in the intellectual property law are physical objects, while cross-border e-commerce is a virtual network environment, and the two are out of touch. In the early years, the carriers of intellectual property rights in my country were all physical objects, such as books, CDs and tapes. After years of development, although my country’s intellectual property legal system has become mature, with the rapid development of the Internet, the development of intellectual property rights is obviously lagging behind in the context of the Internet. Cross-border e-commerce did not emerge until 2006, so its development lags behind the Internet by at least 20 years. Under such circumstances, the connection between intellectual property laws, the Internet and cross-border e-commerce has not been at the same level of development. It is for this reason that my country’s intellectual property laws are still blank in the field of cross-border e-commerce. If traditional ordinary intellectual property laws are applied, there will still be many inevitable infringements. Therefore, it is imperative to align the amendment of intellectual property laws with the development level of cross-border e-commerce.