First, legislative protection means that the state endows civil subjects with intellectual property rights and related spiritual interests through legislation, and gives them legal binding protection. Secondly, administrative protection refers to the administrative actions of the state administrative organs to impose administrative penalties on the parties for some serious violations of intellectual property laws and to authorize some intellectual property rights to the obligee. Third, judicial protection refers to the protection of intellectual property rights through judicial channels. Fourth, the collective management organization protection of intellectual property rights, that is, the weaker intellectual property owners form an organization to safeguard their own interests and influence, and the organization handles the related matters of intellectual property protection on their behalf. Fifth, the self-relief of intellectual property rights holders or other interested parties. Intellectual property rights holders or other interested parties set up departments specializing in intellectual property law or management affairs, formulate intellectual property strategies, and determine a series of specific measures and means to protect intellectual property rights and avoid infringement by others. Sixth, public opinion-oriented protection, through correct and reasonable public opinion-oriented intellectual property protection, create a good intellectual property protection atmosphere.
Legal objectivity:
1. What is intellectual property? Intellectual property refers to the ownership of intellectual labor results produced by human intellectual labor. It is an exclusive right granted to qualified authors, inventors or owners of achievements in a certain period of time according to the laws of various countries. It is generally considered to include copyright and industrial property rights. Copyright (copyright) refers to the general name of personal rights and property rights enjoyed by authors and other copyright owners in literary, artistic and scientific works according to law; Industrial property rights refer to the exclusive rights enjoyed by the obligee, including invention patents, utility model patents, design patents, trademarks, service marks, names of manufacturers, sources or countries of origin. Since the promulgation of the Notice on the Outline of National Intellectual Property Strategy in 2008, China has successively promulgated laws and regulations such as trademark law, patent law, technology contract law, copyright law and anti-unfair competition law. From a macro point of view, the state provides a strong legal basis for the protection of intellectual property rights and interests of enterprises at the legal system level, and points out the direction for enterprises to formulate intellectual property protection systems and specific implementation methods, but there is still a lack of separate and detailed laws and regulations for infringement cases. In order to protect the business secrets of enterprises, it is suggested to formulate the Law on the Protection of Business Secrets of Enterprises, the Law on Intellectual Property Infringement and other documents, and formulate in detail the provisions on the protection and infringement of business secrets between enterprises and between enterprises and employees. Second, the basic situation of intellectual property protection is important, but how to protect it correctly can play a positive role and social efficiency. The difficulty is that if many people from different countries or regions are studying the same project and draw the correct conclusion through their careful observation and some experiments, is it true that only those who have applied for this patent are qualified to control and use this patent? Will it lead to a vicious incident because of competing for a patent right? There seem to be some related examples in history. Different people have studied the same scientific research project at different times, and the results are the same, which leads to mutual questioning and questioning, thinking that the other party has plagiarized the other party's research results and related theories. There is also a related problem, that is, how to avoid the problem of duplicate names while protecting intellectual property rights? How to distinguish? Since 1980s, with the development of the world economy and the arrival of the new technological revolution, the world intellectual property system has undergone significant changes. Especially in recent years, science and technology are changing with each passing day, the trend of economic globalization is intensifying, the pace of industrial structure adjustment is accelerating, and international competition is becoming increasingly fierce. The possession, allocation, production and application of knowledge or intellectual resources have become an important support for economic development, and the importance of patents has become increasingly prominent. 2065 438+06. 4. 9 China National Intellectual Property Administration said that efforts should be made to build a pattern of intellectual property protection and accelerate the formation of a strong synergy of intellectual property protection. According to reports, intellectual property protection is a complex systematic project. Intellectual property itself involves patents, trademarks, copyrights, new plant varieties, trade secrets and other fields, and the content and boundary of the rights it protects have their own characteristics. Protection means involve registration, examination and authorization, administrative law enforcement, judicial judgment, arbitration and mediation, etc. It is an objective need to build a work pattern of great protection of intellectual property rights. Facing the development trend of international intellectual property protection and the intellectual property situation faced by China under the opening conditions, China must step up the formulation and implementation of intellectual property strategy, protect national technical security, enhance domestic independent innovation capability, and prevent transnational corporations from abusing intellectual property rights.