the p>WTO legal framework includes three parts, namely, trade in goods, trade in services and intellectual property rights. There are many reasons for the formation of intellectual property agreements under this framework, but two points are key: the first point is the need for the rapid growth of technological factors in modern international trade. No matter trade in goods, trade in services or transfer of knowledge and technology, developed countries are supported by high and new technologies, which inevitably involves the protection of intellectual property rights. The second point is the result of the contest between technological advantage and cost advantage in modern international trade. WTO is a multilateral trade legal mechanism promoted by the developed countries headed by the United States. It raises the standards of intellectual property protection all over the world and is conducive to the development of enterprises with independent patent intellectual property rights and core technologies.
whether it is international trade or domestic trade, its main body is enterprises. If an enterprise wants to survive, it must have a long-term plan, which is the development strategy of the enterprise. In different social and historical stages, the market has different requirements for enterprises, and the corresponding strategic planning of enterprises is also different. If the symbol of wealth in the agricultural economy era is land ownership and the core of wealth in the industrial economy era is capital ownership, then the focus of wealth in the knowledge economy era should be intellectual property rights.
intellectual property strategy: patent strategy, trademark strategy and trade secret strategy
1. The position of patent strategy in modern enterprises
As an important intellectual property right, patent right embodies a legal monopoly under the market economy. By setting a certain time limit and disclosing relevant information, the patentee has obtained the exclusive right to the technology within the scope of the technology. No one else can implement anything defined in the patent claim without consent, otherwise it will constitute infringement, while the patentee loses the confidentiality of the technology and the possibility of holding the technology forever.
for enterprises, the purpose of obtaining patents and disclosing technical information is to monopolize the technology within a certain period of time, and the purpose of monopolizing technology is to monopolize the market. With China's accession to the World Trade Organization and the integration of global patent protection, owning a patent means owning a global market, which is particularly prominent in high-tech industries.
internationally famous enterprises regard patents as their long-term development strategy, and generally implement patent investigation, patent application, patent implementation and patent defense as a systematic process, and even combine patents with the overall image of enterprises, which is commonly known as CI(Corporate Identity) strategy. In other words, it is a common practice for modern successful enterprises to form the overall development strategy of enterprises with patents as the backing. In the era of patent globalization, enterprises must first search for patents when developing products, and then put them into development. It is no longer of substantive significance for enterprises to be domestic first. What we should really remember is that patents must be advanced not compared with domestic technologies, but compared with all patented technologies that have been applied for in China.
2. The position of trademark strategy in modern enterprises
The implementation of trademark strategy is a major event in China's economic development at present, because trademark is the locomotive of economic development in a region and an industry, and it is a reflection of the comprehensive quality and overall strength of regional and even national economies. Implementing trademark development strategy and cultivating national well-known trademarks are the only way for enterprises to seek long-term development.
enterprises should strengthen quality management and technological innovation to ensure product quality and competitiveness. The development, technical reform and introduction of new technologies and new products of enterprises are the driving force for enterprises to ensure the long-term vitality of famous brands. Enterprises should also carefully investigate and understand the market demand, and timely develop new products to meet the needs of potential users
. Only by analyzing the market to find out the selling point of the brand, and constantly creating differences to improve the market share of the trademark, can we establish our own trademark advantage. In addition, the establishment of brand quality after-sales service is an important guarantee for the brand to form a famous brand.
3. The position of trade secrets in modern enterprises
The protection of trade secrets is different from patents and trademarks, and it depends more on the behavior of the secret owner. The role of law is only to provide follow-up relief after being illegally infringed.
the reason why business secrets are important is that they are information resources and scientific and technological achievements, and they are an important intangible asset of enterprises. Judging from the trend of protection measures for technological achievements in developed countries in recent years, the comprehensive protection of trade secrets, patents, copyrights and trademarks is an important means for enterprises to remain invincible in the fierce market competition. Therefore, how to establish an intellectual property strategy to protect trade secrets is an important issue for Chinese enterprises, especially high-tech enterprises. However, there is a big gap between Chinese enterprises and foreign excellent enterprises in terms of the cultivation of trade secret awareness, the research and development of trade secrets, the different choices of trade secrets and other intellectual property protection methods, and the application and management of trade secrets. We still need to do a good job in the above aspects.
Key points and measures of enterprise intellectual property strategy
1. Intellectual property strategy is a strategic choice for China enterprises to implement sustainable development
From an international perspective, the average life span of global enterprises is 12 years, and only about 2% of enterprises have lived for more than 12 years. The reason why some multinational companies have become evergreen trees in the international market is that they have patented technology in a certain field and world-renowned trademarks, and these intellectual property rights are the main source of their profits and creative power.
under the background of globalization, intellectual property strategy should be the strategic choice for China enterprises to seek long-term development after China's entry into WTO. We are determined to be a world manufacturing factory < P >, not a world processing factory; It is necessary to form a manufacturing industry with technological competitiveness in China, instead of becoming a processing factory with no independent intellectual property rights.
2. Intellectual property strategy is the strategic focus for enterprises to carry out market competition.
At present, the competition of international comprehensive strength is concentrated in the competition of science and technology and economic strength, while the competition of enterprise vitality is focused on the dispute between patented technology and brand, in which the possession and value of patents have become an important indicator to examine the competitiveness of a country and an enterprise. If China enterprises want to gain a foothold in the competition, they must change their ideas, combine product competition with intellectual property competition, and regard the acquisition, management and protection of intellectual property as the core content of market competition after China's entry into WTO.
3. Intellectual property strategy is a strategic measure for China enterprises to conduct foreign trade.
The purpose of the World Trade Organization is to eliminate trade barriers and realize free trade. However, the actual international situation is that developed countries have built non-tariff barriers by relying on the advantages of science and technology and capital, while developing countries have not only lost the possibility of using tariff barriers to protect their national enterprises, but also faced new trade barriers led by developed countries in foreign trade. These trade barriers are technology-oriented and a new form of the old international economic order, so developing countries need to deal with them carefully. There are two problems that should be paid attention to: first, the technical barriers formed by technical standards and technical patents. The technical standards formed by foreign companies using patents are the concentrated expression of technical barriers. The combination of technical standards and individual patent licenses has formed a huge obstacle for China enterprises to compete globally across borders. The second is the green barrier formed by environmental protection standards and product quality standards. At present, enterprises in China lack the concept of green economy, the environmental protection standards are still far from those in developed countries, and the production of agricultural and livestock products is scattered, which fails to meet the requirements of standardized production.
China and the world are more closely linked by p>WTO, and the China market has become a global market. China enterprises must change their concepts and formulate their own survival and development strategies from the perspective of global strategy. This is an inevitable choice for enterprises to seek long-term development and strive for the international market. Intellectual property rights occupy a strategic core position in the global system of WTO. Chinese enterprises must also conform to the development trend of the times and the development needs of the international situation, formulate scientific intellectual property development strategies, and develop continuously and rapidly in the global competition.