Mankind has entered 2 1 century.
In this promising new century, science and technology, literature and art are developing at a high speed and will achieve more brilliant achievements. With the advent of information society and knowledge economy, the contradiction between intellectual property protection and economic, scientific and cultural development, and the contradiction between developed countries and underdeveloped countries has become increasingly prominent. At the same time, the intellectual property system will also play an increasingly important role in promoting economic development, scientific and technological progress and cultural prosperity.
China's "People's Republic of China (PRC) Patent Law", "People's Republic of China (PRC) Trademark Law", "People's Republic of China (PRC) Copyright Law" and other laws and regulations have been promulgated one after another, providing a legal basis for intellectual property protection of various enterprises. 1. There are three kinds of patents protected by patents, namely, invention patents, utility model patents and design patents.
The patent rights enjoyed by the patentee mainly include the right to manufacture, the right to use, the right to sell, the right to sell, the right to import, the right to transfer and the right to license. Patent right also includes prohibition right, waiver right and marking right.
The protection period of invention patent is 20 years, and the protection period of utility model and design is 10 year. Patent application has the following advantages: 1. Obtaining monopoly right: the patentee can directly prevent the corresponding competition of commercial competitors and get a higher profit return.
2. Earn royalties: Even if there is no immediate need for patents in the market, people are likely to notice the use of patents in the future and are willing to pay royalties. American Xerox Company invented the graphical user interface, but did not apply for a patent. Later, Microsoft and Apple used the graphical user interface as the basis of their personal computer operating systems. According to a preliminary estimate, Xerox lost nearly 1 100 million dollars in royalties in vain. On the other hand, Xerox lost nearly 1 billion dollars in royalties. 3. As a defensive shield: If the inventor fails to apply for a patent for the first time, the competitor will take the lead. By then, all the efforts made by the inventor in research and development will be wasted, and the inventor himself will not be able to use his own scientific research results.
4. Helping to explore foreign markets: At present, more than 65,438+070 countries and regions in the world have established and implemented patent systems. Many foreign buyers, especially American buyers, will ask local manufacturers or sellers to prove that they own the intellectual property rights of their products, so as to protect themselves from being involved in infringement lawsuits before they are willing to trade. 5. Improve the competitiveness of enterprises with small ones: patents are equally important to large, medium and small enterprises and new enterprises. In the fierce competition market, small enterprises can completely obtain patented new inventions to beat the leading products set up by large enterprises with huge advertisements.
6. Increase enterprise value: If a third party is willing to invest in a company, and if the company has a number of valuable patents, then the company's share price will be greatly increased. 1997 Microsoft bought a small company with less than 6,000 users for $425 million. The purchase price is 40 times the average price of the industry calculated by the number of users. Microsoft is willing to pay at this share price because it holds 35 important patents for transmitting TV content through the Internet.
7. It is beneficial for enterprises to make scientific and correct decisions: through patent analysis, enterprises can understand the trends of science and technology, industry, market and new products, and then predict and formulate their own short-,medium-and long-term development plans, and determine which products they develop to occupy the market, maintain a leading position and expand market share. Trademark Protection According to the Trademark Law of People's Republic of China (PRC), commodity trademarks, service trademarks, collective trademarks and certification trademarks can apply for registration in China and obtain the exclusive right to use trademarks.
Trademark logo can be text, graphics or their combination. Commodity trademarks refer to trademarks used in the production, manufacture, processing, selection and distribution of commodities.
Service trademark refers to the trademark used by service providers to distinguish their services from those provided by others. A collective trademark refers to a trademark used by members of industrial and commercial organizations, associations or other collective organizations on goods or services, indicating that the operators or service providers of goods belong to the same organization, so as to distinguish the goods or services provided by non-members.
A certification trademark refers to a trademark controlled by an administrative organ, an organization or an organization designated by it with control and testing capabilities and used by others on goods or services to prove the origin, main raw materials, manufacturing methods, quality, accuracy and other specific qualities of goods. The trademark protection period is 10 year, during which there is no charge, and it can be renewed after 10 year. Trademark registration has the following advantages: 1, national protection, and no one else can use it.
2. Registered trademarks are the most important intangible assets of enterprises, which can be passed on to future generations and can be transferred and inherited as property investment and mortgage. 3. Products are easy to sell in large shopping malls or supermarkets. More and more large shopping malls or supermarkets only allow goods with registered trademarks to enter.
Most consumers think that the quality of goods with registered trademarks is more reliable and easy to win the trust of consumers. 5. Avoid the trademark painstakingly designed being registered by others first.
Because China implements the principle of "application first" for the same trademark registration application, the latter application is not only allowed to register the trademark, but also not allowed to be reused, otherwise it will constitute infringement. 6. Avoid unintentional infringement and pay huge compensation. The new judicial interpretation stipulates that the amount of compensation shall be decided by the infringed.
Third, copyright protection At present, most domestic and foreign countries use copyright to protect computer software. In China, the Measures for the Registration of Computer Software specifically allocates funds from copyright, focusing on the protection of software with independent intellectual property rights. Software registration has many advantages: 1, the registered software will announce the owner, development time, completion time, name and content, and there is a clear basis for disputes, which can clarify the ownership of the software and avoid unnecessary ownership disputes caused by job hopping. It can also be said that software registration is the premise of administrative handling or legal proceedings of software rights disputes.
2, the authorization is fast, and you can get the certificate in about two months. The copyright protection time is long, and the protection period is 50 years. 3. The registered software does not disclose the software program, and only when there is infringement will it be used as the basis for infringement determination, with excellent confidentiality.
4. Wide range of protection, yes.
2. What basic knowledge does intellectual property need to master?
In recent years, especially after China joined the World Trade Organization, the enthusiasm for learning intellectual property knowledge at all levels and in all walks of life has never been higher. In order to meet the needs of all aspects of society, especially the needs of leading cadres at all levels to learn intellectual property knowledge and study international rules on intellectual property rights, the author organized and compiled this book for everyone to learn and use in their work.
Intellectual property is professional. In order to achieve a better learning effect, the author pays special attention to the introduction of work practice and typical cases, and strives to introduce abstract and boring legal provisions and basic knowledge to readers in a vivid and easy-to-understand language, so that leading cadres and readers can understand the role of basic knowledge, intellectual property strategy and intellectual property system in modern economic development in a short time.
order
Chapter 1 Introduction
Section 1 Knowledge and Intellectual Property Rights
Section 2 Intellectual Property Rights System
Chapter II Patents
Section 1 Overview
Section 2 Decision-making on Patent Application and Patent Affairs Management
Section 3 Patent Administrative Enforcement
Section 4 Patent Strategy and Its Functions
Section 5 The Role of Patent System in Technological Innovation
Chapter III Trademarks
Section 1 Overview
Section 2 Acquisition of Trademark Rights
Section 3 Protection of Trademark Rights
Section 4 Enterprise Trademark Strategy and Tactics
Chapter IV Copyright
Section 1 Overview
Section 2 Copyright legal system
The third part is about the revision of copyright law.
Section 4 Copyright Management and Administrative Law Enforcement
Chapter V Anti-unfair Competition
Section 1 Overview of Anti-unfair Competition Law
The possibility of unfair competition in the second quarter
Section 3 Types of Unfair Competition Behavior
Section 4 Supervision, Inspection and Legal Liability of Unfair Competition
Chapter VI Trade Secrets
Section 1 Overview
Section 2 Restriction and Maintenance of the Right to Trade Secrets
Section 3 Management of Business Secrets of Enterprises
Section 4 Infringement of Trade Secrets and Responsibilities
Chapter VII Judicial Protection of Intellectual Property Rights
Section 1 Current Situation of Judicial Protection of Intellectual Property Rights
Section 2 Characteristics of Intellectual Property Protection and Types of Cases
Section 3 Intellectual Property Litigation Procedures
Section 4 Legal Liability for Infringement of Intellectual Property Rights
Chapter VIII Customs Protection of Intellectual Property Rights
Chapter IX Sino-foreign intellectual property negotiations and WTO intellectual property agreements
postscript