Intellectual property refers to the assets that enterprises have used for a long time but have no physical form, including patents, trademarks, copyrights, land use rights, non-patented technologies and honors.
Intellectual property is a special commodity with value and use value, which can be transferred in the market with compensation, and will bring huge potential profits to enterprises over time. Therefore, taking protective measures and making savings plans are important means to prevent the loss of intellectual property rights.
I. Protective measures
The first is legal protection. Intellectual property rights are protected by law. In western developed countries, the special protection of law has a history of 100 years. Countries have long had patent law, copyright law, trademark law and so on. In addition, the laws of various countries also have special provisions in criminal law, civil law, contract law, tax law, financial law and other related aspects. It is with the special protection of the law that the high-tech industries in these countries can develop at a high speed. In China, in order to create a legal environment for the protection of intellectual property rights, government departments should not only improve legislation, but also effectively enforce the law, not only conduct public opinion propaganda, but also organize legal education. Only in this way can enterprises raise awareness, gradually establish legal awareness of protecting intellectual property rights and make full use of legal weapons to protect their legitimate rights and interests.
The second is to establish and improve the intellectual property management system. China has established a set of scientific intellectual property evaluation index system and laws and regulations that are suitable for China's national conditions and in line with international standards. Under the current realistic conditions, enterprises should train their own intellectual property managers as soon as possible, and comprehensively evaluate, quantify and register the intellectual property rights within enterprises.
The third is to establish an effective supervision mechanism. First, internal supervision from the workers' congress, the board of directors and the board of supervisors; Second, social supervision from consumers and social intermediary organizations; The third is the supervision of national laws and regulations. The method of combining government supervision, internal supervision and social intermediary organization supervision should be adopted. Specifically, the state supervision department should set up enterprise economic supervision institutions and state-owned assets preservation institutions, establish a state-owned assets loss reporting system, and organize economic supervision on a regular basis. Enterprises should establish and improve the supervision and restraint mechanism, establish the responsibility system for work objectives, implement democratic management, and establish and improve the personal responsibility system for the loss of state-owned assets. Intermediaries such as asset appraisal institutions and audit firms should standardize their operations and conduct evaluation, verification and liquidation in a realistic manner.
Second, the saving measures
Enterprises should take effective and feasible ways to save intellectual property rights and make full use of intellectual property rights according to the characteristics of their own production and operation. According to China's national conditions, the following methods should be adopted at present:
First, improve the quality of entrepreneurs and build a mature team of entrepreneurs. Through the self-study of entrepreneurs, the help and training of the government and society, we can improve our own quality and achieve introspection, self-discipline and self-control. Through the assessment of performance, focusing on the preservation and appreciation of assets, and by means of rewards and punishments, ups and downs, we will establish and improve the incentive and restraint mechanism for entrepreneurs.
Second, implement the famous brand strategy. Famous brands are the basis of economic benefits and have extremely high intellectual property value. It is urgent for enterprises to implement brand-name strategy if they want to go to the market and compete with the strong at home and abroad. In the rapidly changing market, only famous brands are the most reliable and lasting assets.
Third, vigorously develop high and new technologies. High-tech is the first pillar industry of future knowledge economy. At present, China's laws have gradually liberalized the proportion of intellectual property investment. The proportion of intellectual property investment in shares has exceeded the upper limit of 20% in China's original company law.
Fourth, pay attention to protection. Protection is long-term and arduous. At present, on the one hand, enterprises should apply for patents and registered trademarks in a timely and early manner; On the other hand, we should be merciless to the infringement and actively cooperate with the judicial organs to investigate, crack down and claim compensation. In addition, in order to strengthen the construction of management institutions, enterprises should have specialized institutions and full-time personnel, and a group of talents who understand law, technology, economy, analysis, research and innovation.