Intellectual property rights include trademark rights, patents and copyrights. If intellectual property rights are infringed, a lawsuit can be brought to the people's court to demand that the infringer bear legal responsibility.
Problems needing attention in the process of protecting intellectual property rights
1, R&D project is searched first.
Please pay attention to the full retrieval of the existing data before the product R&D project is established. Otherwise, once your company's independent research and development achievements may already be known information or have been applied for intellectual property protection by others, it will suffer unnecessary human and financial losses.
2. Pay attention to protection during research and development.
In the process of product research and development, you can't apply for patent protection because the research and development has not been completed, so please pay special attention to the protection of trade secrets to prevent others from using your research results to complete product research and development and apply for a patent first. After the product research and development is completed, please protect trade secrets by applying for patents or taking confidentiality measures in time, otherwise the technology may be made public or others apply for patents first, resulting in losses. At the same time, according to the characteristics of different products, it is suggested that you can also consider using patents, trademarks, copyrights, unique packaging and decoration of well-known goods to carry out all-round intellectual property protection.
3. Pay attention to protection in the production process
Pay attention to the physical isolation of technical information and production process involving trade secrets, so as to prevent unnecessary losses caused by poor confidentiality awareness and letting others visit, take photos and video.
4. Pay attention to protection when cooperating.
In the process of technology research and development, you may cooperate with others. Please clearly stipulate the ownership of intellectual property rights and the rights and obligations of all parties in the relevant cooperation contract. When obtaining intellectual property rights by means of transfer or license. Please check the ownership certificate of the transferor and the licensee in case the transferor or the licensee is not the real right holder or the right has expired.
5, timely registration of trademarks
In the process of operating the logo, please pay attention to register the trademark in time, otherwise you will not be able to obtain the exclusive right to use the trademark, and the use of the same operating logo by others will not constitute infringement, so as to prevent the operating logo that you have invested a lot of manpower, material resources and funds from being easily used by others.
6. Reasonable registration of trademarks
When applying for a registered trademark, we should try to avoid using words such as place names and common names of products as trademarks. Trademark design should be distinctive and easy to identify, and fictional words are a better choice.
7. Pay attention to the intellectual property rights in OEM.
8. Register copyright in time
Attention should be paid to protecting the copyright of software, words, pictures, patterns, drawings and other works, and the copyright registration should be made to the copyright department in time after the works are completed. The formed electronic documents should be fixed by modern network technologies such as electronic data authentication and time stamp, and serve as evidence of the project completion time.
9. Avoid copyright infringement
You should pay attention to respect the copyright of others, and avoid using pictures and text descriptions of products that others enjoy copyright in your products, product manuals, advertising brochures and corporate websites. At the same time, when printing product brochures, advertising brochures and other corporate promotional materials, please be sure to indicate the date of printing and publication, printing unit and other information, which can be used as evidence of your copyright protection and non-infringement defense. Cultural and creative enterprises should also pay attention to the rational use of other people's works in the creative process to avoid infringement. Internet service enterprises should also pay attention to avoid infringing on others' information network communication rights, and should not provide online video and music playing and downloading services without authorization.
10, create an intellectual property file.
It is suggested that you establish intellectual property files as much as possible when necessary, and pay attention to the preservation of intellectual property research and development records, rights certificates, payment records, intellectual property contracts, rights certification documents provided by the other party, original copyright carriers and other materials; When purchasing products from other enterprises, you should try to ask the other party to indicate the product model and other information when issuing invoices and delivery orders, so as to provide sufficient evidence when conducting rights protection litigation or facing other people's infringement allegations.
These are the 10 problems that should be paid attention to in the process of intellectual property protection.