It may involve different forms of intellectual property rights, such as patent right, trademark right, copyright (especially the copyright of computer software), trade secret, domain name and so on. 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 the management of intellectual property rights, list details and establish files. 2. Classify intellectual property rights according to their actual value creation, importance to company development and maintenance cost. 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.
legal ground
Article 5 of the Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Dispute Cases.
A lawsuit brought for patent infringement shall be under the jurisdiction of the people's court in the place where the infringement occurred or the defendant's domicile. Infringement includes: the place of manufacture, use, promised sale, sale or import of the product accused of infringing the patent right of invention or utility model; The place where the patented method is used, and the place where the products directly obtained according to the patented method are used, promised to be sold, sold and imported; The place where the act of manufacturing, promising to sell, selling and importing the patented product of design takes place; Places where counterfeiting other people's patents is carried out.