According to Article 123 of the Civil Code implemented by 202 1, 1, "civil subjects enjoy intellectual property rights according to law. Intellectual property rights are the exclusive rights enjoyed by the obligee to the following objects according to law: (1) works; (2) Inventions, utility models and designs; (3) Trademarks; (4) Geographical indications; (5) Business secrets; (6) Layout design of integrated circuits; (7) New plant varieties; (8) Other objects prescribed by law. " Details >>
Application for patent right of intellectual property 1. The examination and approval process of invention patent application: patent application-acceptance-preliminary examination-publication-substantive examination request-substantive examination-authorization.
2. Examination and approval process of utility model patent application: patent application-acceptance-preliminary examination-authorization.
3. Examination and approval process of application for patent for appearance: patent application-acceptance-preliminary examination-authorization. Details >>
After accepting the application, the Trademark Registration and Trademark Office will generally conduct formal examination and substantive examination, and will issue a preliminary examination and approval announcement after the examination is passed. If there is no objection, the trademark will be registered and a registration announcement will be issued at the same time. Details >>
Copyright application is generally registered in China Copyright Protection Center or the provincial copyright administrative department (Copyright Bureau). The registration process is as follows: submit the application materials for copyright registration, fill in the work registration form and the right guarantee, and the registration authority will check the materials, make and issue the registration certificate after checking them correctly, and make an announcement. If you are unfamiliar with the intellectual property application process or feel too complicated, you can also find a professional intellectual property agency to register as an agent. Details >>
How to deal with infringement of intellectual property rights? 1. Fixed the quantity and business scale of infringing goods found at the forensics site. Obtaining evidence for many times in the same place, if the existing evidence proves that there are many infringing goods and the business scale is large, and the multiple evidence collection is enough to prove that the operator continues to sell infringing goods, it may get more compensation.
2. Fix the business information of the operator, so as to avoid the litigation efficiency being affected by the parties or other procedural issues.
3. Fixing the defendant's website, publicity materials or materials kept in relevant departments, such as the business scope, sales scale, profit and other data publicly declared by the defendant and submitted to relevant departments, can be used as preliminary evidence of the claim.
4. 5 1 Dongshibian Xiao suggested actively tracing the source of infringing goods, stopping the infringement from the source, and possibly obtaining more compensation. Details >>
The warning letter issued by the way of intellectual property rights protection is not very serious for the infringement behavior and consequences, and the enterprises suspected of infringement are not too big. The obligee may remind the other party in the form of a warning letter and ask him to stop the infringement.
If the alleged infringement has caused great losses to the obligee, the obligee intends to sue the infringer for the purpose of obtaining compensation. Before bringing a lawsuit to the court or sending a warning letter to the other party, he should actively and fully prepare the evidence of infringement and the evidence of his own loss or the other party's gain, so as to prepare for future court proceedings and occupy a favorable position.
Sometimes, the obligee brings a lawsuit to the court not to get the judgment of the court, but to hold peace talks with the suspect of infringement and make up for the losses caused by his infringement. The obligee should know his own bottom line before the two sides negotiate, and at the same time, he should try his best to investigate the other side's bottom line in order to better safeguard his legitimate rights and interests.
It is often difficult for the obligee to get full compensation from the lawsuit when clearing the scene by litigation, but if no lawsuit is filed, the infringement will spread and the obligee's market share will be greatly affected, so the obligee has to file a lawsuit to regain the market share of genuine products. For example, a luxury brand can tolerate fake goods with poor workmanship to be sold at cabbage prices in bazaars, but it will never accept high-quality imitations to be sold in hotels and shopping malls, because the consumer group of the former is not the target group of the obligee, while the latter is likely to divert the target customers of the obligee. Therefore, even if the obligee can't get full compensation from the case, he will take legal or even criminal measures to safeguard his market share.
Promoting cooperation through litigation Sometimes the obligee asks the suspected infringer to stop infringing or bring a lawsuit to the court, not really asking him to stop using the obligee's intellectual property, but using it as a platform to urge the other party to negotiate or mediate with the obligee, and then the two parties reach an intention of cooperation. Details >>
Avoid intellectual property infringement, establish awareness of intellectual property infringement, deliberately avoid learning laws and regulations related to intellectual property, operate cautiously, do a good job in patent search before and during R&D, do a good job in intellectual property management, carry out technological innovation, and improve the competitiveness of enterprises.
Infringement of intellectual property rights in commercial advertisements can be avoided 1, and the competitiveness of enterprises can be improved through technological innovation.
The development prospect of China enterprises is to create their own brands and improve their competitiveness through technological innovation. For small and medium-sized enterprises, independent research and innovation is not an easy task. However, blind imitation will inevitably make it difficult for small and medium-sized enterprises to become stronger.
2. Intellectual property protection measures are closely related to enterprise management.
Enterprises should comprehensively plan protection measures for patents, copyrights and trademarks of products that have been developed or will be developed, which are embodied in registration, operation, contract and labor contract, and are closely linked with enterprise management.
3. Establish and improve the early warning mechanism of enterprise intellectual property rights.
Taking patents as an example, the patent early warning mechanism mainly includes three parts, namely, information collection mechanism, analysis and processing mechanism and early warning mechanism.
Take patent tracking and early warning monitoring as an example;
First of all, for authorized patents, all necessary measures for patent protection stipulated in the Patent Law should be strictly implemented.
The second is to evaluate the authorized patents of competitors or partners, and we should also treat them differently, distinguishing between technologies that can be developed by ourselves or jointly, technologies that can participate in competition and technologies that are worth buying.
Third, pay close attention to whether there is unauthorized use of patented technology in the same industry at home and abroad, and once found, take immediate measures to stop the other party's infringement.
Track, investigate and analyze patent applications, authorizations and disputes, as well as the current situation and development trend of patents in trade, and formulate early warning plans for intellectual property rights.
4. Strengthen awareness of prevention and legal system construction to curb malicious infringement litigation.
Malicious litigation is a special phenomenon in intellectual property litigation in recent years, and it is an illegal act that the parties pursue illegal interests or achieve other illegal purposes based on malice. The reason why the malicious lawsuit of intellectual property rights was filed or even won is largely due to the defects in the legal system, especially the litigation legal system. Details >>
Intellectual property evaluation What is intellectual property evaluation? Intellectual property evaluation belongs to the category of enterprise asset evaluation. It is used to determine the present value of intellectual property and the value obtained through future influence.
IPR evaluation process IPR evaluation project signing-establishment of IPR evaluation project team-entrusting unit providing evaluation materials and on-the-spot investigation and verification by project leader as required-market research-designing mathematical model-discussion by expert committee-informing customers of IPR evaluation results-printing IPR evaluation report and delivering it to customers-extended services after evaluation results.
What does it mean to implement intellectual property standards? For enterprises, it means implementing the national standard of Enterprise Intellectual Property Management Standard. This standard was formulated by China National Intellectual Property Administration and officially implemented on 20 13 after approval. The implementation of this standard means that relevant enterprises should consciously abide by the relevant provisions of China's intellectual property laws and not infringe on the intellectual property rights of others.
The process of intellectual property conformity certification starts-investigation and diagnosis-system construction-manual writing-publication and publicity-implementation and operation-internal audit-management review.
Intellectual property transfer? Can intellectual property be transferred? Intellectual property rights are transferable.
Intellectual property transfer refers to the legal act of transferring the owner of intellectual property from the transferor to the transferee according to the relevant laws and regulations on intellectual property transfer and the transfer contract signed by both parties.
How to transfer intellectual property rights must first find a way to transfer intellectual property rights, then the transferor and transferee of intellectual property rights sign an intellectual property transfer contract, and prepare the relevant documents needed for intellectual property rights transfer, and then entrust an intellectual property agency to submit the relevant documents to the Intellectual Property Office, and then we wait for the Intellectual Property Office to review. If it passes the examination, the Intellectual Property Office will generally issue a notice of qualified transfer within two to six months.
The laws and regulations on intellectual property protection 1, General Principles of Civil Law of People's Republic of China (PRC) and General Principles of Civil Law (1987) stipulate six types of intellectual property rights, and stipulate the civil law protection system of intellectual property rights.
2. The Criminal Law of People's Republic of China (PRC) stipulates the relevant contents of intellectual property crimes in eight articles, thus clarifying the criminal law protection system of intellectual property rights in China.
3. The Trademark Law of People's Republic of China (PRC) has been revised three times, and the latest revision was implemented on May 20 1 year 14. Laws and regulations such as the Provisions on the Recognition and Protection of Well-known Trademarks and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes have comprehensively protected trademarks.
4. The Patent Law of People's Republic of China (PRC) has been revised for three times, and the revised version was promulgated and implemented on June 65438+ 10/day, 2009; Detailed Rules for the Implementation of the Patent Law, Measures for the Administration of Enterprise Patent Work (for Trial Implementation), Several Provisions of the Supreme People's Court on the Applicable Law for Stopping Patent Infringement before Litigation (Fa Shi [2001] No.20), the Supreme People's Court Interpretation on the Applicable Law for Trial of Patent Infringement Disputes (Fa Shi [2009] No.21), etc.
5. The Copyright Law of People's Republic of China (PRC) has been revised twice, the latest revision was implemented on April 20 10/day, and relevant revisions are in progress; The latest judicial interpretations, such as the Regulations on the Implementation of Copyright Law, the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Laws in the Trial of Copyright Civil Disputes (2002) and the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Laws in the Trial of Computer Network Copyright Disputes (revised in 2006), all provide legal protection for copyright and network copyright at the judicial level. The Notice on Regulating the Order of Reprinting Copyright on the Internet stipulates that online media should make provisions on reprinting other people's works.
6. The Regulations on the Protection of Computer Software in People's Republic of China (PRC) has been revised twice to protect computer software and related issues.
7. The Regulations on the Protection of New Plant Varieties in People's Republic of China (PRC) provides legislative protection for plant varieties.
8. The Law of People's Republic of China (PRC) on Promoting the Transformation of Scientific and Technological Achievements provides a guarantee for promoting the transformation of intellectual property rights into social production.
9. The Anti-Unfair Competition Law of People's Republic of China (PRC) clearly regulates acts of unfair competition, including supplementary legislative protection of intellectual property rights of packaging, decoration and trade secrets.
10, Tort Liability Law of People's Republic of China (PRC), which stipulates the types of civil tort and the corresponding tort liability.
1 1. With the implementation of the Interim Measures for the Administration of Online Commodity Trading and Related Services, online shop opening has officially entered the "real-name registration system" era.
12. Intellectual property protection of product design is realized through other specific intellectual property rights. Details >>
The full text of People's Republic of China (PRC) Copyright Law >> The full text of People's Republic of China (PRC) Trademark Law > >