Legal subjectivity:
Whether individuals, businesses or social groups are strengthening the protection of intellectual property rights, and while their awareness of protection is increasing, many details have been overlooked.
Precautions for the protection of intellectual property rights
Strict protection of intellectual property rights is inseparable from the guarantee of systems, institutional mechanisms and procedures, and uses the method of national overall planning and local pilot experiments to give full play to knowledge The property rights system plays a key role in stimulating innovation and promoting the reasonable sharing of innovation results. Try to break down the institutional obstacles that restrict the strict protection of intellectual property rights, further explore and improve the two core systems of intellectual property authorization and confirmation and law enforcement protection, and form a clear boundary and division of labor. An intellectual property system and mechanism that is reasonable, has consistent responsibilities and rights, operates efficiently, and is guaranteed by the rule of law.
Domestic applications for copyright protection, trademark protection, patent applications, etc. are mainly applied for protection through local copyright offices, the State Trademark Office, the Patent Office and other agencies. However, it takes a long time to protect one's intellectual property through these channels, and There will be a public notice period after the application is accepted. At this time, someone may make malicious complaints about your work. Therefore, it is recommended that you use a trusted agent as a service when applying for copyright, trademark, and patent rights for your work.
Be aware that protecting intellectual property rights is actually protecting the money in your pocket. If intellectual property rights are not well protected, these intangible assets will be used by others. Moreover, intellectual property rights bring together corporate investments or contain knowledge. The property owner's hard work and wisdom are very valuable and there is no need to apply for protection.
Measures to strengthen intellectual property protection
1. Supervision strikes hard! Increase penalties for illegal infringers.
my country's current "Trademark Law" and "Patent Law" stipulate that the maximum amount of compensation for trademark infringement is 3 million yuan, and the amount of compensation for patent infringement is 1 million yuan. If there is sufficient evidence, the amount of 1 million yuan may be available. improve. Low-cost infringement penalties make many companies and individuals would rather be fined than infringe on others' intellectual property rights. In recent years, with the continuous strengthening of intellectual property protection in our country, this phenomenon may be changed.
2. Domestic and foreign rights holders treat all rights holders equally and refuse differentiated enforcement
China’s intellectual property protection treats domestic and foreign rights holders equally. On the one hand, since China joined the World Trade Organization, it has We have signed relevant international treaties and implemented the principle of national treatment to foreign countries, which means that domestic and foreign rights holders are treated equally. On the other hand, from the perspective of actual results, China's intellectual property protection is better than that of some developed countries in some aspects. That is to say, China has both judicial protection and administrative enforcement by administrative agencies, which is often more convenient and timely. Shorter and cheaper. Some of our institutions have made some statistics, that is, the proportion of foreign rights holders in judicial organs who are plaintiffs in the prosecution process of intellectual property disputes is even higher than that of domestic rights holders.
3. Increase publicity and stimulate corporate awareness of intellectual property protection
Many companies are increasingly aware of the importance of intellectual property protection, and publicity efforts are also increasing. Therefore, more and more companies are jumping into the wave of innovation, and it is normal for us to generate a large number of patents. A large number shows that the quality of patents is a matter of concern to everyone. Our technical level is also constantly improving. We are following, running alongside, and leading the way. In some fields, the quality of patents is actually very high. One conclusion can be drawn, that is, the quantity and quality of our patents are advancing hand in hand. Legal objectivity:
1. What is intellectual property? Intellectual property refers to the ownership of the fruits of intellectual labor produced by human intellectual labor. It is an exclusive right granted to qualified authors, inventors or achievement owners within a certain period of time in accordance with the laws of various countries. It is generally believed to include copyright (copyright) and industrial property rights. Copyright (copyright) refers to the general term for the personal rights and property rights that authors and other copyright holders of literary, artistic and scientific works enjoy in accordance with the law; industrial property rights refers to invention patents, utility model patents, and design patents. , trademarks, service marks, manufacturer names, source names or origin names, etc., enjoy exclusive rights. Since the promulgation of the "Notice of the National Intellectual Property Strategy Outline" in 2008, my country has successively promulgated laws and regulations such as the "Trademark Law", "Patent Law", "Technology Contract Law", "Copyright Law" and "Anti-Unfair Competition Law" document.
From a macro level, the country has provided a strong legal basis for the protection of intellectual property rights and interests of enterprises at the legal system level, pointing out the direction for enterprises to formulate intellectual property protection systems and specific implementation methods. However, there is still a lack of infringement cases. Separate detailed documents on laws and regulations. In order to protect corporate trade secrets, it is recommended to formulate documents such as the "Corporate Trade Secrets Protection Law" and the "Intellectual Property Infringement Law" to formulate detailed regulations on the protection and infringement of commercial secret documents between companies and between companies and employees. 2. Basic Situation of Intellectual Property It is important to protect intellectual property, but how to protect it correctly can it have a positive influence and social effectiveness. The difficulty is that if there are many people from different countries or regions working on the same project and using their own careful observation and some experiments to draw correct conclusions, is it possible that only the person who applied for the patent has control and control? Are you eligible to use this patent? Will there be any vicious incidents caused by the competition for a patent? There seem to be some related examples in history. Different people studied the same scientific research project at different times and came up with the same results. As a result, they questioned each other and believed that the other party had stolen each other's research. results, and related theories. There is also a related question, that is, while protecting intellectual property rights, how to avoid the problem of duplication of names? How to tell the difference? Since the 1980s, with the development of the world economy and the arrival of the new technological revolution, the world's intellectual property system has undergone dramatic changes. Especially in recent years, science and technology have been changing with each passing day, the trend of economic globalization has increased, and the pace of industrial structure adjustment has accelerated. , international competition is becoming increasingly fierce. The possession, allocation, production and application of knowledge or intellectual resources have become an important basis for economic development, and the importance of patents has become increasingly prominent. The State Intellectual Property Office stated on April 9, 2016 that efforts should be made to build a large-scale intellectual property protection work pattern and accelerate the formation of a strong synergy for intellectual property protection. According to reports, intellectual property protection is a complex systematic project. Intellectual property itself involves patents, trademarks, copyrights, new plant varieties, trade secrets and other fields. The rights content and rights boundaries it protects have their own characteristics; protection methods involve registration. Registration, review and authorization, administrative law enforcement, judicial adjudication, arbitration and mediation, etc. objectively require the establishment of a work pattern for comprehensive protection of intellectual property rights. Facing the development trend of international intellectual property protection and the intellectual property situation faced by China under the conditions of opening up, China must step up the formulation and implementation of intellectual property strategies to protect the country's technological security, promote domestic independent innovation capabilities and prevent the intellectual property rights of multinational companies. abuse.