The company's intellectual property protection measures

(1) Overall planning and effective management of the company's intellectual property rights may involve different forms of intellectual property rights, such as patent rights, trademark rights, copyrights (especially computer software copyrights), trade secrets, domain names, etc. Therefore, it is suggested that the company plan and manage the intellectual property rights involved: 1. The company may designate a special person to be responsible for the management of intellectual property rights, list details and establish files. 2. Classify intellectual property rights according to their actual value creation, importance to company development and maintenance cost. 3. Establish intellectual property data platforms, such as Chinese and foreign patent databases, China sci-tech periodicals databases, Chinese and foreign standard databases, etc. Keep abreast of the latest data and information at home and abroad to avoid the waste of company funds and the infringement of other intellectual property owners caused by repeated research. 4. Comprehensive use of intellectual property rights to protect the company's interests. Intellectual property covers a wide range. When signing a contract or encountering a dispute, it is often difficult to effectively safeguard the rights and interests of the company in some cases. At this time, several rights need to be exercised together, which can often achieve satisfactory results. (2) Take different protection measures for different types of intellectual property rights. 1. On the basis of analyzing the costs and expected benefits, the company should employ professional institutions to apply for intellectual property rights that may have a significant impact on the company, such as trademark rights, patents, copyrights, domain names, etc. , so as to protect the interests of the company to the maximum extent. In the process of cooperation with other units or individuals, it is necessary to make detailed provisions on the ownership, scope of use, time limit, distribution of subsequent research and development results, etc., and sign relevant legal documents. 2. Legal issues needing attention in the process of protecting intellectual property rights: 1) Copyright protection of computer software: Although Article 6 of China's Regulations on the Protection of Computer Software stipulates that software developed by Chinese citizens and units, whether published or not, enjoys copyright in accordance with these regulations. At the same time, however, Article 24 of the Regulations also stipulates that the registration of software copyright with the software registration authority is the prerequisite for administrative handling or litigation of software rights disputes in accordance with these Regulations. The registration certificate issued by the software registration authority is the preliminary proof that the software copyright is valid or the facts stated in the registration application documents are true. Therefore, in order to better protect the copyright of the company's computer software, the company should register its self-developed computer software with the software registration authority, so as to avoid being in a passive position because it can't provide strong evidence in case of disputes. 2) Protection of patented technology: Before developing new technologies, we should inquire about relevant technologies to see if others already have such technologies or infringe others' patents, so as to avoid blindly going to projects. After determining the R&D, a confidentiality agreement shall be signed with the technical personnel, stipulating that the technical achievements obtained in the research shall be owned by the company, and the technical personnel shall not take the relevant technical data with them when leaving the company, and shall not engage in the same, similar or competitive work with the original unit for a period of time after leaving the company. Establish files to ensure the integrity of technical progress records. After the development stage is completed, a patent agent is hired to apply for a patent. If it is later found that others have applied for similar patents, they should be able to use the company's prior rights to apply for invalidation of others' patents. If it is found that others use their own patented technology, they should promptly investigate and collect the infringer, the place where the infringement occurred and the scale of the infringement, the infringement income or the losses suffered by the company. In the process of cooperation with other units, the company should sign a patent license contract, a technology development contract, a technology transfer contract, a technology consultation contract and a technology service contract in time according to the different cooperation contents. 3) Trade secret protection: 1. Determine the types of trade secrets by analyzing the cost and expected income of enterprises, and then determine which trade secrets are included in the scope of protection and with what strength. 2. Take systematic and effective measures to protect the trade secrets that have been determined to be protected. It is suggested to protect the trade secrets from the following aspects: (1) Divide the trade secrets that need to be protected into several parts, and manage them by different staff, so as to minimize the number of people who fully master the trade secrets in the enterprise. (2) According to the importance of trade secrets, trade secrets are divided into different grades, and employees of different grades have different grades of trade secrets, which makes the confidentiality obligations given to employees different. (3) For the commercial secrets whose value of technical information has been kept for a long time, the secret-related personnel shall be specially trained, and a confidentiality agreement and a non-competition agreement shall be signed with them, so that they shall have a long-term confidentiality obligation. On the contrary, for some commercial information, especially commercial information that is greatly influenced by market conditions, unless it is particularly important and necessary to keep it confidential, there is generally no need to make a special confidentiality agreement. 3. Formulate relevant secret-related systems. However, most of the above measures are from the internal perspective of the company, and the external prevention plan still needs to be studied and formulated by the company in combination with the actual situation. Bian Xiao suggested that if the company has an intellectual property leakage incident, it must keep the evidence in time and entrust a special lawyer to formulate remedial measures to avoid greater losses.