Intellectual property rights, also known as "intellectual property rights", refer to "the property rights enjoyed by the obligee on the fruits of intellectual labor created by him", which are generally valid only for a limited period of time. All kinds of intellectual creations, such as inventions, literary and artistic works, and signs, names, images and designs used in business, can be regarded as intellectual property rights owned by a certain person or organization.
Intellectual property is the exclusive right of intellectual labor achievements created by human beings in social practice. With the development of science and technology, in order to better protect the interests of property owners, the intellectual property system came into being and was constantly improved. Nowadays, there are more and more violations of intellectual property rights such as patents, copyrights and trademarks.
Invention patents, trademarks and industrial designs constitute industrial property rights. Industrial property rights include patents, trademarks, service marks, names of manufacturers, names of countries of origin, prevention of unfair competition, rights to new plant varieties and exclusive rights to layout design of integrated circuits.
1. When an enterprise encounters an act of infringing intellectual property rights, it must first determine whether it has been infringed.
Compared with other civil tort cases, the biggest difference between intellectual property cases and other civil tort cases is that intellectual property infringement cases are very professional. In intellectual property cases, especially patent cases, it is necessary to compare the technology used by the accused infringing products with the technology of the authorized patent documents to determine whether the defendant's behavior is infringing.
Tort comparison is the key to determine whether the defendant bears tort liability. Therefore, professional patent technology comparison is particularly important in the whole lawsuit, and the result of comparison will directly affect the result of the whole lawsuit. However, the application of various principles involved in tort comparison is difficult for other non-professionals to apply freely, and the result of tort often depends on the reasonable application of a principle in the comparison.
2. Secondly, enterprises should allocate intellectual property rights reasonably.
Rational distribution of intellectual property rights is an effective way to solve the problem of intellectual property rights infringement faced by enterprises in the process of development.
This reasonable layout includes: understanding the intellectual property status of major competitors, making corresponding evasions in product design and production, and applying for patent protection for new products independently developed from all directions and angles.
3. Use legal weapons to safeguard rights and interests
When enterprises encounter the infringement of independent intellectual property rights, it is the most direct and effective measure to take up legal weapons to safeguard their own rights and interests reasonably.
In terms of intellectual property protection, we generally take the following steps: first, ask professionals to compare the suspected infringing products with the technical scheme of authorized patents to determine whether the suspected infringing products belong to the scope of patent protection; Secondly, it is necessary to determine the subject of infringement, investigate and collect evidence, that is, to buy infringing products from sellers of infringing products as ordinary consumers, and to notarize the purchase process.
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