Try to analyze the reasons why illegal copying and use of other people's new technologies often occur in society, and discuss the importance of protecting patent rights and the protective measures that should be taken.
Answer: Illegal copying and use of other people’s new technologies is essentially an infringement of other people’s patent rights, that is, patent infringement. The main reasons for patent infringement are: 1. Patent infringement is profitable. As we all know, patent rights are intellectual achievements. The acquisition of any patent achievement requires the investment of a large amount of people, money, materials, information and resources, and has a certain research and development cycle. Through patent infringement, illegal use of other people's patent results can save costs in terms of people, money, materials, information and resources, gain time, seize market opportunities, and enable the infringer to obtain considerable illegal benefits; 2. Patent awareness of patent infringers light. Due to reasons such as legislation, publicity, education, and learning, professional concepts have not been established in the minds of the people, and they even do not know what a patent is. As a result, the national patent awareness is weak. The traditional habit of using new technologies casually is deeply ingrained, and infringement of rights is inevitable. I didn’t know it was illegal, let alone take responsibility; 3. There is a relative lack of laws, regulations and regulatory systems regarding patents. In recent years, although our country has formulated laws and regulations on intellectual property protection such as the Patent Law and Trademark Law, and established management departments such as the Patent Office, it is still incomplete and unsystematic, and there is no basis for patent protection. Undocumented things happen all the time. The management department is also insufficient in terms of management scope, management intensity, and management methods. 4. Many rights holders do not know how to take effective confidentiality measures for their painstaking research results, nor do they have the awareness to apply for patent protection. For example, they make their research results public through publication of papers, achievement appraisal, academic discussions and public use. In the world, even after the research results were applied for patents by others or were misappropriated by others, they regretted it. 5. Rights holders have poor ability to safeguard their rights and it is difficult to do so. Patent infringement belongs to the category of civil infringement. When rights holders defend their rights, in accordance with the provisions of relevant laws, "whoever makes the claim must provide evidence." That is, the rights holder must provide relevant evidence to prove that others have infringed the patent rights, and investigation, evidence collection, and even application Technical appraisal requires a large investment of people, money, and materials, further increasing the burden on rights holders. When safeguarding rights, in addition to professional knowledge, you must also understand civil laws and regulations, which is quite difficult for most rights holders. These reasons lead to poor ability and difficulty for rights holders in safeguarding their rights.
The importance of protecting patent rights: 1. It is conducive to the integration of our country's economy with the international economy. In the process of world economic integration, knowledge and information have become special international products, and much cutting-edge scientific and technological knowledge has been introduced and borrowed from each other in the trade between countries. Strengthen the protection and utilization of patent rights in order to achieve integration with the international economy and participate in international economic competition; 2. It is conducive to encouraging invention and creation and promoting technological innovation. Patent rights are obtained and realized by patentees who have spent a lot of brainpower, manpower, financial resources, material resources and time. After obtaining the patent, they have to pay annual patent fees to the country on a regular basis. Moreover, their creative labor promotes science and technology. For the development and progress of mankind, granting them patent rights and protecting them under national laws is an affirmation of their creative work. In addition, the patentee's inventions and creations can also bring considerable profits to patent users. Therefore, patentees should receive corresponding remuneration for their hard work. Only in this way can it be conducive to encouraging invention and creation and promoting technological innovation; 3. It is conducive to attracting foreign advanced technology and overseas investment. In the market economy system, patent trade has become an independent economic and trade method, and patent rights have also become an important capital. Strengthening the protection and utilization of patent rights can enable foreign investment and expansion, and can also attract overseas investors. Advanced technology and investment, cooperative use of patent rights, and common development and profit; 5. It is conducive to the development of international markets. The protection of patent rights can enable companies with patent rights to occupy an advanced position in a certain technical field within a certain period of time, increase the company's technical and market competitiveness, seize market opportunities, and be conducive to the development of international markets.
Measures to protect patent rights: 1. Earnestly implement laws and regulations for the protection of patent rights.
Our country has promulgated many laws, regulations and departmental rules to protect patent rights, as well as some related judicial interpretations, such as the "Patent Law", "Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases", etc. We must effectively implement various laws and regulations for the protection of patent rights. Administrative law enforcement departments and judicial organs must increase the punishment of patent infringements to make infringers fear the law. Only then can infringements be effectively curbed, reflecting the impact of laws and regulations on patent rights. The role of protection; 2. Enhance awareness of legal protection of patent rights. Increase the popularization and publicity of domestic and international laws and regulations for patent protection. Make patent holders familiar with the laws and regulations related to their patent rights, improve patent holders' awareness of self-protection, and implement protection measures at all stages from application to authorization; 3. Encourage patent applications. The state should introduce a series of measures to encourage scientific researchers to actively apply for patents, so that patents can be transformed into productivity as soon as possible and benefit the people. Particular attention should be paid to applying for patents abroad to better protect patent rights; 4. Establish a complete patent transfer mechanism . my country has not yet established a complete mechanism to protect patent transfers, and there are few professional patent evaluators and promotion agencies. The phenomenon of "it is difficult to research patents and even more difficult to transfer patents" has emerged. Therefore, it is imperative to establish a complete mechanism to protect patent transfer, accelerate the cultivation of patent transfer talents, and create a group of high-quality talents who have patent evaluation knowledge, understand patent promotion skills, and can safeguard the interests of patentees; 5. Strengthen customs protection of patent rights. In my country's import and export trade, many are patented products, some of which are patent-infringing products. Patent infringements come from both domestic and foreign countries. Therefore, in order to protect the legitimate rights and interests of patent holders and consumers and improve the international reputation of our country's products, we should increase human, financial and material investment in customs and patent management agencies, strictly control the country, and prevent patent-infringing products from entering and exiting the country; 6. Pay attention to the international protection of patent rights. The international protection of patent rights is achieved through treaties concluded between countries. However, in our country, due to various reasons, the patentee does not exercise his priority rights in other member states within the time limit specified in the Convention after obtaining a domestic patent application. , so that the patent loses its novelty in other member countries and cannot be protected by these countries, and the interests of the patentee will surely suffer. As long as we pay attention to the international protection of patent rights, similar losses can be completely avoided.