Second, do a good job in the construction of enterprise intellectual property management institutions, which are the functional institutions of enterprise intellectual property work. Large and medium-sized enterprises should have specialized intellectual property management departments and full-time personnel. Intellectual property management institutions can be established independently, or placed in the corporate legal affairs department. Small businesses cannot set up specialized agencies. Part-time staff should also be arranged to carry out this work. Many advanced enterprises at home and abroad attach great importance to this point. For example, at&t has more than 250 people in the patent department alone and obtains more than 3,000 patents every year; Hitachi Intellectual Property Department has more than 320 patent managers, with an annual patent application of 6,543,800+3,000. China Haier Group Co., Ltd. has an independent legal affairs center with more than 20 full-time staff, including those who are specially responsible for enterprise patent legal affairs and trademark legal affairs.
Three. Establish and improve the intellectual property management system. Patents, trademarks and trade secrets are the most common and important intellectual property rights of enterprises. For the management of these intellectual property rights, efforts should be made to establish and improve the following systems:
(a) to establish and improve the patent management system, the main contents are:
1. When developing new products and researching new technologies, we should search for patents first. Using the technology provided by patent literature, we can know the latest scientific and technological achievements and research trends at home and abroad in this field, and avoid repeated research and waste of investment.
When making an invention, we should consider whether to apply for a patent in time. When applying for a patent, we should strive for time to apply as soon as possible and get legal protection.
3. After obtaining the patent right, we should consider licensing trade or transferring patented technology, which will help to recover the investment in scientific research, make enterprises get compensation, expand scientific research funds and launch new scientific research projects.
4. For the products and technologies protected by the patent law, the patent department of the enterprise shall protect the patent right of the enterprise from infringement according to the patent law. When an infringement is discovered, it shall promptly request the patent administration organ for adjustment or bring a suit in a people's court. At the same time, we should consciously abide by the patent law and relevant regulations, and conduct patent search when producing and selling new products to avoid infringing others' patent rights.
5. For imported products and technologies, patent search in related fields should be conducted in advance to determine their legal status. When signing relevant contracts, validity guarantee clauses should be formulated to clarify the rights, obligations and responsibilities of both parties when involving third-party patents.
(2) Establish and improve the trademark management system. The main work is:
1. Register the trademark in time and safeguard the exclusive right to use the trademark. When an enterprise has created the reputation of a trademark, it is a loss for the enterprise if it is registered by others first without registration. Therefore, it is an important content of trademark management to urge enterprises to register their trademarks as soon as possible and renew them in time. When the exclusive right to use a trademark is infringed, it is necessary to resort to the law in time and actively safeguard the trademark rights and interests of enterprises.
2. Strengthen the management of enterprise trademark use. There are two aspects in the management of the use of enterprise trademarks: First, in strict accordance with the provisions of the Trademark Law on the use of trademarks, both registered trademarks and unregistered trademarks should be used reasonably according to law, so as to avoid infringing on the legitimate exclusive right of trademarks of others and bear legal responsibility for other illegal uses. Second, when licensing others to use trademarks, it is necessary to clearly stipulate the licensing object, the signing of the contract and the supervision of the licensee, and strengthen the supervision of the licensing contract.
3. Establish and improve the enterprise high-level file system. High-level archives mainly include the following contents: trademark registration certificate, trademark registration application materials, announcement materials, etc. Because the protection period of a registered trademark is limited, the trademark file management system should include the management of trademark registration, renewal and change of registered items in order to maintain the long-term effectiveness of trademark registration.
(three) to establish and improve the business secret management system, mainly:
1. Enterprise foreign trade secret management system. Where a contract signed with foreign countries involves business secrets of an enterprise, a special confidentiality clause shall be concluded in the contract to clarify the confidentiality responsibility of the other party to the contract. If the other party breaches the contract or a third party that has no contractual relationship with the enterprise obtains, uses or discloses the business secrets of the enterprise by improper means, it shall be investigated for legal responsibility according to law.
2. Enterprise internal business secret management system. In practice, many disputes involving trade secrets are mostly related to lax management of trade secrets within enterprises. Therefore:
(1) The enterprise shall set up a confidentiality leading body and formulate internal confidentiality rules and regulations. Such as the establishment of relevant information, drawing management methods, employee code, etc.
(2) In the employment contract of enterprise employees, confidentiality clauses should be set up to stipulate the confidentiality obligations and responsibilities of employees, especially those who work in the confidentiality departments of enterprises such as technology development department, planning department, management department and sales department. When necessary. The workflow of some key employees can be reasonably restricted.
(3) Strengthen the safety management of certain specific areas within the enterprise. For some key departments and workshops involving business secrets of enterprises, the entry of irrelevant personnel should be strictly restricted.