2. Protecting intellectual property rights can bring huge economic benefits to enterprises and enhance their economic strength. The exclusiveness of intellectual property rights determines that enterprises can be invincible in the market only if they have independent intellectual property rights. More and more enterprises are beginning to realize the great role of intangible assets such as technology, brand and trade secrets, and how to make these intangible assets gradually increase in value depends on the reasonable protection of intellectual property rights.
Protecting intellectual property rights is conducive to promoting foreign trade and introducing foreign businessmen and foreign capital. China joined the World Trade Organization on 200 1, 12 and 1, and implemented the Agreement on Trade-related Aspects of Intellectual Property Rights to protect the intellectual property rights of natural persons, legal persons or other organizations at home and abroad. Without the protection of intellectual property rights, China cannot participate in world trade activities.
Scope of Intellectual Property Protection According to the Convention on the Establishment of the World Intellectual Property Organization, intellectual property rights include the rights of the following objects:
1, literary and scientific works.
2. Performances, recordings and broadcasts by performing artists.
3. Inventions in various fields of human activities.
4. Scientific discovery.
5. Industrial product design.
6. Trademarks, service marks, names and marks of manufacturers.
7. Stop unfair competition.
8. All other rights arising from intellectual activities in the fields of industry, science, literature and art. ..
According to the relevant provisions of the Agreement on Trade-related Aspects of Intellectual Property Rights, which is an important part of the WTO package agreement, intellectual property rights include the following rights;
Copyright and neighboring rights.
2. Trademark rights.
3. The right to geographical indications.
4. The right to design industrial products.
5. Patent right.
6, integrated circuit layout design right.
7. Exclusive right to disclose information.
How long is the protection period of intellectual property rights? The term of protection of the author's right of authorship, modification and protection of the integrity of the work is unlimited. The term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, both counting from the date of application. The patentee shall pay the annual fee from the year when the patent right is granted.
The Laws and Regulations on Intellectual Property Protection (1) and the General Principles of Civil Law of People's Republic of China (PRC) (1987) stipulate six types of intellectual property rights, and stipulate the civil law protection system of intellectual property rights.
2. The Criminal Law of People's Republic of China (PRC) stipulates the relevant contents of intellectual property crimes in eight articles, thus clarifying the criminal law protection system of intellectual property rights in China.
3. The Trademark Law of People's Republic of China (PRC) has been revised three times, and the latest revision was implemented on May 20 1 year 14. Laws and regulations such as the Provisions on the Recognition and Protection of Well-known Trademarks and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes have comprehensively protected trademarks.
4. The Patent Law of People's Republic of China (PRC) has been revised for three times, and the revised version was promulgated and implemented on June 65438+ 10/day, 2009; Detailed Rules for the Implementation of the Patent Law, Measures for the Administration of Enterprise Patent Work (for Trial Implementation), Several Provisions of the Supreme People's Court on the Applicable Law for Stopping Patent Infringement before Litigation (Fa Shi [2001] No.20), the Supreme People's Court Interpretation on the Applicable Law for Trial of Patent Infringement Disputes (Fa Shi [2009] No.21), etc.
5. The Copyright Law of People's Republic of China (PRC) has been revised twice, the latest revision was implemented on April 20 10/day, and relevant revisions are in progress; The latest judicial interpretations, such as the Regulations on the Implementation of Copyright Law, the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Laws in the Trial of Copyright Civil Disputes (2002) and the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Laws in the Trial of Computer Network Copyright Disputes (revised in 2006), all provide legal protection for copyright and network copyright at the judicial level. The Notice on Regulating the Order of Reprinting Copyright on the Internet stipulates that online media should make provisions on reprinting other people's works.
6. The Regulations on the Protection of Computer Software in People's Republic of China (PRC) has been revised twice to protect computer software and related issues.
7. The Regulations on the Protection of New Plant Varieties in People's Republic of China (PRC) provides legislative protection for plant varieties.
8. The Law of People's Republic of China (PRC) on Promoting the Transformation of Scientific and Technological Achievements provides a guarantee for promoting the transformation of intellectual property rights into social production.
9. The Anti-Unfair Competition Law of People's Republic of China (PRC) clearly regulates acts of unfair competition, including supplementary legislative protection of intellectual property rights of packaging, decoration and trade secrets.
10, Tort Liability Law of People's Republic of China (PRC), which stipulates the types of civil tort and the corresponding tort liability.
1 1. With the implementation of the Interim Measures for the Administration of Online Commodity Trading and Related Services, online shop opening has officially entered the "real-name registration system" era.
12. Intellectual property protection of product design is realized through other specific intellectual property rights.
How to apply for intellectual property protection The ways to apply for intellectual property protection are as follows:
1. administrative protection of trademark rights: the competent authority is the administrative department for industry and commerce at or above the county level where the infringement occurred, and is responsible for administrative punishment of trademark infringement.
2. Administrative protection of patent rights: The competent authorities are China National Intellectual Property Administration and local intellectual property administrative departments, which are responsible for administrative mediation of patent disputes. Patent disputes mainly include: patent infringement disputes and patent ownership disputes. The conditions for the intellectual property management authority to accept patent dispute cases are as follows: the mediation claimant must be a unit or individual who has a direct interest in the dispute and the dispute; There is a clear respondent; There are specific requirements and factual basis; Cases falling within the jurisdiction and scope of acceptance of intellectual property management organs; The parties concerned have not yet brought a suit in a people's court.
3. Copyright administrative protection: The competent authorities are the National Copyright Administration and the local copyright administrative departments, which are responsible for the administrative punishment of copyright infringement.
4. Electronic data storage: the copyright corresponding to the original content is uploaded through the China Intellectual Property Notary Service Platform for storage management, which can be used as evidence for future litigation.
5. Apply for a notarial certificate online: Applying for a notarial certificate of intellectual property rights on the China Intellectual Property Notary Service Platform can serve as strong evidence for safeguarding rights in possible intellectual property litigation in the future. At the same time, for intellectual property litigation, the court's adoption rate of notarial deed is 100%.
1, measures for the protection of intellectual property rights of enterprises to protect the copyright of computer software
Although China's "Regulations on the Protection of Computer Software" stipulates in Article 6: China citizens and units shall enjoy the copyright of the software developed by them, no matter whether it is published or not, no matter where it is published, in accordance with these regulations. At the same time, however, Article 24 of the Regulations also stipulates that the registration of software copyright with the software registration authority is the prerequisite for administrative handling or litigation of software rights disputes in accordance with these Regulations. The registration certificate issued by the software registration authority is the preliminary proof that the software copyright is valid or the facts stated in the registration application documents are true. Therefore, in order to better protect the copyright of the company's computer software, the company should register its self-developed computer software with the software registration authority, so as to avoid being in a passive position because it can't provide strong evidence in case of disputes.
2. Patent technology protection
Before developing new technologies, we should inquire about relevant technologies to see whether others already have such technologies, or whether they infringe others' patents, so as to avoid blindly going to projects.
After determining the R&D, a confidentiality agreement shall be signed with the technical personnel, stipulating that the technical achievements obtained in the research shall be owned by the company, and the technical personnel shall not take the relevant technical data with them when leaving the company, and shall not engage in the same, similar or competitive work with the original unit for a period of time after leaving the company. Establish files to ensure the integrity of technical progress records.
After the development stage is completed, a patent agent is hired to apply for a patent. If it is later found that others have applied for similar patents, they should be able to use the company's prior rights to apply for invalidation of others' patents. If it is found that others use their own patented technology, they should promptly investigate and collect the infringer, the place where the infringement occurred and the scale of the infringement, the infringement income or the losses suffered by the company. In the process of cooperation with other units, the company should sign a patent license contract, a technology development contract, a technology transfer contract, a technology consultation contract and a technology service contract in time according to the different cooperation contents.
3. Protection of trade secrets
Divide the business secrets that need to be protected into several parts and manage them by different staff, so as to minimize the number of people who fully grasp the business secrets in the enterprise. According to the importance of trade secrets, trade secrets are divided into different grades, and employees of different grades have different grades of trade secrets, which makes the confidentiality obligations given to employees different. For commercial secrets whose value of technical information has been kept for a long time, the secret-related personnel shall be specially trained, and a confidentiality agreement and a non-competition agreement shall be signed with them, so that they shall have a long-term confidentiality obligation.
Enterprises encounter intellectual property infringement, and deal with 1. Enterprises must first determine whether they are infringing.
Compared with other civil tort cases, the biggest difference between intellectual property cases and other civil tort cases is that intellectual property infringement cases are very professional. In intellectual property cases, especially patent cases, it is necessary to compare the technology used by the accused infringing products with the technology of the authorized patent documents to determine whether the defendant's behavior is infringing.
Tort comparison is the key to determine whether the defendant bears tort liability. Therefore, professional patent technology comparison is particularly important in the whole lawsuit, and the result of comparison will directly affect the result of the whole lawsuit. However, the application of various principles involved in tort comparison is difficult for other non-professionals to apply freely, and the result of tort often depends on the reasonable application of a principle in the comparison.
2. Enterprises should allocate intellectual property rights reasonably.
Rational distribution of intellectual property rights is an effective way to solve the problem of intellectual property rights infringement faced by enterprises in the process of development. Understand the intellectual property status of major competitors, make corresponding evasions in product design and production, and apply for patent protection for new products independently developed from all directions and angles.
3. Use legal weapons to safeguard rights and interests
When enterprises encounter the infringement of independent intellectual property rights, it is the most direct and effective measure to take up legal weapons to safeguard their own rights and interests reasonably. In terms of intellectual property protection, firstly, professionals are asked to compare the suspected infringing products with the technical scheme of authorized patents to determine whether the suspected infringing products belong to the scope of patent protection; Secondly, it is necessary to determine the subject of infringement, investigate and collect evidence, that is, to buy infringing products from sellers of infringing products as ordinary consumers, and to notarize the purchase process.
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