1. Overall planning and effective management of the company's intellectual property rights;
The company's business activities may involve different forms of intellectual property rights, such as patents, trademarks, 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 intellectual property management, list details and establish files;
(2) Classify intellectual property rights according to their actual value creation and importance to the company's development and maintenance costs;
(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.
On the basis of analyzing the costs and expected benefits, the company should hire professional institutions to apply for intellectual property rights that may have a significant impact on the company, such as trademark rights, patents, copyrights and domain names, so as to protect the company's interests 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.
What does the scope of intellectual property include:
1. Intellectual property rights include trademark secrets, copyrights, patents, trademarks, trade names, names of places of origin, as well as new plant variety rights, industrial design and exclusive rights of integrated circuit layout design, etc.
2. Trademarks, patents, copyrights, trade names, etc. They are commonly used in daily life and belong to the category of intangible assets, but they are obviously valuable and need legal recognition.
To sum up, the vast majority of intellectual property rights must be corresponding, and only after being registered by the relevant state departments can they be protected by law. Just like the patent right of an enterprise, if the so-called patent right has not obtained the relevant certificate at all, then no matter what kind of agreement is signed within the enterprise, such patent right will not be protected by law at all.
Legal basis:
Article 65 of the Patent Law of People's Republic of China (PRC)
If a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, it shall be settled by the parties through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).