Legal subjectivity:
Intellectual property rights include trademark rights, patent rights and copyrights. If your intellectual property rights are infringed, you can file a lawsuit in the People's Court and require the infringer to bear legal responsibility.
Issues to pay attention to in the process of protecting intellectual property rights
1. Search before establishing a R&D project
Before establishing a product R&D project, please be sure to check the existing Information is fully retrieved. Otherwise, if the results of your company's independent research and development may have already been public information or someone else has applied for intellectual property protection, you will suffer unnecessary losses in manpower and money.
2. Pay attention to protection during the research and development process
During the product development process, since the research and development has not yet been completed, patent protection cannot yet be applied for, so please pay special attention to the protection of trade secrets to avoid Others use your research results to complete product development and apply for patents first. After product research and development is completed, please promptly apply for a patent or take confidentiality measures to protect your trade secrets. Otherwise, the technology may be disclosed or others may apply for a patent first, causing losses. At the same time, based on the characteristics of different products, it is recommended that you consider adopting patents, trademarks, copyrights, unique packaging and decoration of well-known products for comprehensive intellectual property protection.
3. Pay attention to the protection of the production process
Pay attention to the physical isolation of technical information and production processes involving trade secrets to prevent others from visiting, taking pictures, and The camera suffered unnecessary losses as a result.
4. Pay attention to protection during the cooperation process
In the process of technology research and development, you may cooperate with others. Please be sure to pay attention to the ownership of intellectual property rights and the rights of each party in the relevant cooperation contract. Rights and obligations are clearly and unambiguously agreed upon. When acquiring intellectual property rights through transfer, licensing, etc., please be sure to review the ownership certification documents of the transferor or licensee, in case the transferor or licensee is not the real rights holder, or the rights have expired.
5. Register trademarks in a timely manner
In the process of commercial logos, please pay attention to registering trademarks in time, otherwise you will not be able to obtain the exclusive right to trademarks. The use of the same commercial logos by others does not constitute infringement to avoid The business logo that you invest a lot of manpower, material resources, and money to cultivate can be easily used by others.
6. Reasonable trademark registration
When applying for trademark registration, you should try to avoid using words such as place names and common product names as trademarks. The design of the trademark should be distinctive and easy to identify, and fictional words are a better choice.
7. Pay attention to intellectual property rights in OEM processing
8. Register copyrights in a timely manner
Attention should be paid to the copyrights of software, text, pictures, patterns, patterns and other works. For protection, after the work is completed, it should be promptly registered with the copyright department. The electronic documents formed should be fixed using modern network technology means such as electronic data authentication and time stamping as much as possible, as evidence of the time when the work was completed.
9. Avoid copyright infringement
Be careful to respect the copyrights of others and avoid using other people’s copyrights on your products, product manuals, advertising brochures, and corporate websites. Product pictures, text descriptions, etc. At the same time, when printing product manuals, advertising brochures and other corporate promotional materials, be sure to indicate the date of printing and release, printing unit and other information. This information can be used as evidence for your copyright protection and as a defense for non-infringement. evidence. Cultural and creative enterprises should also pay attention to the reasonable use of other people's works during the creative process to avoid infringement. Network service companies should also be careful not to infringe on others' rights to disseminate network information, and not to provide playback and download services for online movies, TV shows, and music works without authorization.
10. Establish intellectual property files
It is recommended that you establish intellectual property files as much as possible if necessary, and record the rights certificate, payment record, intellectual property contract, and other parties for the research and development of intellectual property. Be careful to save the provided rights certification documents, original copyright carriers and other materials; when you purchase products from other companies, you should try your best to ask the other party to indicate the product model and other information when issuing invoices and delivery notes, so that you can protect your rights in litigation or face infringement by others. Sufficient evidence can be provided when making accusations.
The above are 10 major issues that should be paid attention to in the process of protecting intellectual property rights.