No matter individuals, enterprises or social groups, they are strengthening the protection of intellectual property rights, and their awareness of protection is constantly increasing, but many details are ignored.
Matters needing attention in intellectual property protection
Strict protection of intellectual property rights is inseparable from the protection of systems, institutional mechanisms and procedures. Through national overall planning and local pilot projects, we will give full play to the key role of the intellectual property system in encouraging innovation and promoting the rational sharing of innovation results, strive to break down the institutional obstacles that restrict the strict protection of intellectual property rights, further explore and improve the two core systems of intellectual property rights authorization and law enforcement protection, and form an intellectual property system with clear rights, reasonable division of labor, consistent powers and responsibilities, efficient operation and legal protection.
Domestic applications for copyright protection, trademark protection and patent applications are mainly conducted through local copyright bureaus, the State Trademark Office and the Patent Office. However, it takes a long time to protect their intellectual property rights through these channels, and there is a publicity period after accepting the application. At this time, there may be malicious complaints about their works. Therefore, I suggest that you can use a reliable agent as a service when applying for copyright, trademark and patent rights for your own works.
You know, protecting intellectual property is actually protecting the money in your pocket. If intellectual property rights are not well protected, this intangible asset will be used by others. Moreover, intellectual property brings together the investment of enterprises or involves the painstaking efforts and wisdom of intellectual property owners, so it is very necessary not to apply for protection.
Measures to strengthen intellectual property protection
1, supervision is a heavy blow! Increase penalties for violators.
China's current trademark law and patent law stipulate that the maximum amount of compensation for trademark infringement is 3 million yuan, and the amount of compensation for patent infringement is 6,543,800 yuan. If the evidence is sufficient, it may increase the amount by 6,543,800 yuan. Low-cost infringement punishment makes many enterprises and individuals prefer to be fined and infringe on the intellectual property rights of others. In recent years, with the continuous strengthening of intellectual property protection in China, this phenomenon may change.
Right holders at home and abroad refused to enforce the law differently.
The protection of intellectual property rights in China is the same for domestic and foreign obligees. On the one hand, since China joined the World Trade Organization, it has joined relevant international treaties and implemented the principle of national treatment, that is to say, domestic and foreign rights holders are treated equally. On the other hand, from the actual effect, China's intellectual property protection is superior to some developed countries in some aspects, that is to say, China has both judicial protection and administrative enforcement by administrative organs, which is often more convenient, shorter in cycle and lower in cost. Some institutions have done some statistics, that is, in the process of prosecution of intellectual property disputes, the proportion of foreign rights holders appealing as plaintiffs in judicial organs is even higher than that of domestic rights holders.
3. Intensify publicity to stimulate the awareness of enterprise property rights protection.
Many enterprises pay more and more attention to the protection of intellectual property rights, and their propaganda efforts are also growing. Therefore, more and more enterprises participate in the tide of innovation, and it is normal for us to produce a large number of patents. When the number is large, it shows that the quality of patents is a concern of everyone. Our technical level is also constantly improving. We run together, run side by side, and lead all the way. In some fields, the quality of patents is actually very high. We can draw a conclusion that the quantity and quality of our patents go hand in hand.
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.