I. overview of intellectual property rights
intellectual property rights refer to the exclusive rights that people enjoy according to law for the intellectual achievements created by their intellectual labor and the marks and reputations in production, operation and management activities. It is a new kind of property right that combines the achievements created by intangible human intellectual activities with the traditional property right theory. Like ordinary property rights, it also has the corresponding transfer, income, use and disposal of intellectual property objects, but the enjoyment and application of these basic rights of its right holders are slightly different from ordinary property rights, especially in legal regulation. The advantage of clarifying property rights lies in that both parties to the transaction can have a reasonable expectation, have a certain awareness and control of personal costs, strive to bridge the deviation from social costs, promote market vitality, expand fair competition, promote technological transformation and exchange, and achieve a win-win situation between individuals and society.
clarifying intellectual property rights, attaching importance to the dynamic role of property rights, and using the definition and system of property rights to make it fit the overall development, vision design and value reorganization of the company can further promote the use and integration of resources, so that this institutional arrangement in the market, that is, some rules of the game, can serve the overall development of the company to the maximum extent and maximize benefits. Because there are certain risks in any transaction, and the biggest risk is that the rules of the game are unclear or even nonexistent, so fully understanding intellectual property rights and paying attention to its legal regulation and protection can not only effectively avoid infringement disputes, give full play to market effectiveness, but also reduce transaction costs, enhance trading opportunities and expand the circulation of intellectual property rights.
in addition, the use and integration of resources, especially intellectual property rights, should pay more attention to efficiency, and it is subject to the corresponding system selection, arrangement and maintenance of certain regions and countries, which all require costs. Therefore, it is extremely important to clarify intellectual property rights in order to make the most practical use and protection of the corresponding intellectual property rights and create benefits for the company.
ii. protection of intellectual property rights
in a fiercely competitive market environment, when all kinds of unfair competition are emerging, it is very important to effectively maintain and protect one's own trademarks, patents, copyright works, trade secrets, marks of origin, names of manufacturers, trade names, layout designs of integrated circuits and new plant varieties. We must have a strict intellectual property protection system that adapts to market changes. At the same time, we should pay attention to collecting and keeping relevant use evidence and rights protection records in daily business management activities, and choose the best litigation strategy when infringement disputes arise. Here we can refer to the painful lessons of the White House in the intellectual property dispute between the White House and the White Elephant.
1. Collecting and saving use evidence
can effectively prove the earliest use of relevant intellectual property rights; It is convenient to provide specific use evidence in a timely, effective and accurate manner when infringement disputes occur, so as to safeguard their own rights and interests to the maximum extent; Help to choose the best rights protection strategy, etc.
2. Legally and correctly use trademarks, patents and other intellectual property objects
Only by legally and correctly using relevant intellectual property objects can effective use evidence be formed, protected and recognized by relevant laws, and finally generate income for one's own interests.
3. Timely registration, application and other legal operation means related to the company's development vision and diversified integration
4. Cross-protection of intellectual property rights, giving full play to the maximum effect of legal protection
For example, the text and graphics of typical copyright works are applied as trademarks of related products or services, or the illustrated trademarks are applied for copyright registration; And combining it with the corresponding products to create designs and apply for patents; You can also apply for trademark registration of a design; Cross-application protection of computer software and patents in copyright, etc., take advantage of each other's protection advantages and overcome each other's protection loopholes to maximize the protection of intellectual property rights, so as to truly safeguard the corresponding rights and interests of right holders and create economic benefits, enterprise benefits and social benefits for them reasonably and effectively.
III. Intellectual property innovation
Innovation is the source of the company's development and the core of market competitiveness, among which innovation on intellectual property is the most important, especially for those R&D and technology-based enterprises.
1. The computer software in copyright and its effective integration can be further developed and created to meet the needs of the times, the new changes in the market, the demand for products, etc., and the technical points of the corresponding software entering the public domain can be associated and deepened, and at the same time, new computer software or invention patents can be formed by making up and developing its existing defects.
2. With the new market demand, diversified product development, product positioning, product differences and consumer preferences, products or service trademarks should be designed and used with potential trademarks, standby trademarks and protective trademarks that can express product grades and product performance.
3. Methods or product inventions, product utility models and designs should be based on proprietary patents, and at the same time, research and development should be carried out in related technical directions, so as to achieve a certain patent system in order to gain market share, enhance the ability to transform technological achievements, and occupy a certain competitive position, so as to counter the patented products or patented technologies with a high degree of invention possessed by enterprises similar to their own development direction and technical research and development fields, and effectively realize the constraints due to their own lack of research and development and the rights restrictions of prior patents.
iv. use of intellectual property rights
the biggest effect of intellectual property rights is to bring considerable economic benefits to rights holders, and its realization is to be carried out through certain contract design or trading rules formed by institutional arrangements. First of all, it must be guaranteed to circulate, and only by ensuring its circulation can it bring benefits to both parties involved in related intellectual property transactions; On the contrary, if its rights are solidified, it will be a waste of valuable resources, and it will be a great constraint or even irony for enterprises that pursue development and efficiency, so intellectual property rights should be invigorated to the maximum extent.
1. Effective means of enterprise financing, M&A and merger
Growing enterprises and enterprises striving for large-scale development all have realistic capital and core technology problems. Through the effective integration and utilization of tangible assets and intangible assets, the strong combination of tangible capital and intangible capital will greatly promote enterprise M&A and merger, broaden enterprise financing channels and maximize financing efficiency.
2. Evaluate the pricing of shares, adjust the income distribution, and promote the diversification and fairness of shares
Share technology, realize the effective utilization and integration of social resources, and save the cost of enterprises to the maximum extent; The fairness of income distribution will also directly promote the innovation enthusiasm of relevant R&D teams and individuals, promote technology upgrading as a whole, and maximize the company's interests.
3. Effectively integrate the connection, mutual transformation and mutual promotion between enterprise value and intellectual property value
Enterprises should incorporate their own existence and development and their own intellectual property rights into their long-term planning, and combine their values organically and accurately. After all, a large part of the formation and realization of enterprise value comes from intellectual property rights, even its pillars and roots, such as brand trademarks, patented technologies, computer software copyrights, etc., which are not only the basis for its growth, but also the source of its development, and also the strong support and strength display of enterprises going out and the tentative effect of "stepping on the door".
v. operation of intellectual property rights
Intellectual property rights are not isolated and static proprietary rights signs. We must design and choose strategies from the aspects of overall consideration, macro planning, concrete operation and micro application, etc. in combination with company development, market positioning, product differences, scale effect and financial support, so as to realize the use and protection of intellectual property rights as much as possible, promote the comprehensive use and activation of intellectual property rights, and enhance the market competitiveness and technological innovation of enterprises. It can completely form a powerful operation system, including the following related contents (it should be an open system, which is consistent with management, that is, it will increase and change with the development of enterprises and social changes):
1. Comprehensive use of intellectual property rights transfer and licensing
Actively display patented technological achievements and increase the proportion of standardized patents (Note: the characteristic of standard patents is that patent owners provide their own patents to the International Organization for Standardization, and decide to become. As you can imagine, the profits of such standard patents are quite amazing. Of course, if a patent wants to become an industry standard, it must first attract the industry's recognition and get the support of most big manufacturers, and the licensing fee will not be too high, before it can be recognized and set as a recognized standard in the global industry. )
2. Promoting the financing and pledge of intellectual property rights and evaluation
3. Frequently publicizing and promoting the corresponding intellectual property rights protection and its corresponding achievements
4. Expanding and actively protecting overseas markets
5. Intellectual property efficiency of enterprise merger and acquisition
6. Strategic trends and selection of infringement relief
7. Technology integration and innovation.