Intellectual property management is a systematic project of a series of management behaviors such as intellectual property strategy formulation, system design, process monitoring, application implementation, personnel training, and innovation integration. Intellectual property management not only constitutes the main content of my country's intellectual property system and its operation together with the creation, protection and application of intellectual property, but also runs through all aspects of the creation, protection and application of intellectual property. From the perspective of national macro-management, institutional legislation, judicial protection, administrative licensing, administrative law enforcement, and policy formulation of intellectual property rights can also be included in the macro-management of intellectual property rights; from the perspective of enterprise management, the generation and implementation of enterprise intellectual property rights Intellectual property rights protection and protection are inseparable from the effective management of intellectual property rights. Intellectual property rights are a common issue of widespread concern around the world. Countries have different understandings of intellectual property rights due to their specific circumstances.

In essence, intellectual property management is the management of property ownership of intellectual property rights by intellectual property owners. Ownership is the property owner's right to possess, use, benefit from and dispose of all his property within the scope provided by law.

Although intellectual property has its own particularities in form, it is still objective and real property. Therefore, we can still scientifically manage intangible intellectual property rights and improve the management and use efficiency of intellectual property rights.

The main contents of intellectual property management include:

(1) Development and management of intellectual property. Enterprises should start from the purpose of encouraging invention and creation, formulate corresponding strategies, promote the development of intellectual property rights, do a good job in the registration statistics of intellectual property rights, liquidate assets and verify assets, understand the changes in property rights, implement direct management of directly occupied intellectual property rights, and implement direct management of intellectual property rights. Implement management and supervision of intellectual property rights not directly owned.

(2) Operation and use management of intellectual property rights. It mainly regulates the operation and use of intellectual property rights, studies and approves the operation and management methods of intellectual property rights, formulates intellectual property rights, etc.

(3) Revenue management of intellectual property rights. The benefits of using intellectual property rights should be collected and distributed reasonably.

(4) Disposal and management of intellectual property rights. Enterprises determine the transfer, auction, and termination of intellectual property rights based on their own circumstances. Depending on the management entity, intellectual property management can include the management of intellectual property rights by state agencies and the management of all intellectual property rights by rights holders.

State management mainly focuses on the acquisition and protection of intellectual property rights.

The management of rights subjects mainly considers the rational development, application, promotion, and self-protection of intellectual property rights. Strengthening intellectual property management can improve the quantity and quality of intellectual property creation

Creating more and better intellectual property is a prerequisite for implementing intellectual property strategy, but to improve the quantity and quality of intellectual property creation, knowledge must be strengthened Property rights management.

Make creation goals more clear

First, from the perspective of the enterprise, the most important subject of intellectual property creation, first, intellectual property management can make the goals of creation more clear. One of the main tasks of intellectual property management is to establish an enterprise intellectual property strategy centered on patent strategy, and within the strategic framework and based on the enterprise's overall business and innovation strategy, the creation of intellectual property, especially the quantity and quality of patent applications, , timing, and categories form a general goal and policy. Many large foreign companies attach great importance to patent application strategies. For example, Toshiba divides patent applications into the conceptual invention discovery stage, the strategic patent application stage and the patent network construction stage based on the different steps of the company's research and development of future products, next-generation products and pioneer products. This enables patent applications to form an overall strategy from point to line, from line to surface, and from surface to network. Second, intellectual property management can improve the starting point of innovative research and development and avoid low-level duplication of research. By strengthening the management of intellectual property information, establishing and improving the patent information database related to the scientific research and production fields of the unit, and making full use of patent literature information, we can timely understand the domestic and foreign technological trends related to the unit, avoid low-level duplication of research, and save manpower. and financial resources. Third, intellectual property management can improve the creative enthusiasm of inventors and designers.

Enterprises should establish a reasonable internal intellectual property benefit distribution and reward system in accordance with the requirements of patent laws and other intellectual property laws and relevant national policies. By cashing out rewards and remunerations, the enthusiasm of service inventors can be maximized, the intelligence and talents of service inventors can be fully utilized, and the loss of talent and technology can be avoided.

Second, from the perspective of national administrative management, intellectual property rights such as patents, trademarks, integrated circuit layout designs, and new plant varieties all require the national intellectual property administrative agency to grant applicants on behalf of the country in accordance with the law. corresponding intellectual property rights. Therefore, the management level of these national administrative agencies, the speed and quality of intellectual property review, directly affect the quantity and quality of intellectual property creation in our country.

Promote the creation of intellectual property rights

Thirdly, from the perspective of local administrative intellectual property management, local governments can promote intellectual property rights by issuing policies and other administrative measures to encourage the creation of intellectual property rights. of creation. In order to improve the quantity and quality of intellectual property rights in their regions, local governments have introduced unique incentive policies based on local realities, such as establishing patent application funding funds and incorporating the number of patent applications into the indicator system for evaluating local officials.

Management and Protection

Strengthening the protection of intellectual property rights and increasing the enforcement of intellectual property rights are very important to encourage innovation and maintain a fair competitive environment. However, compared with intellectual property management, intellectual property protection focuses on ex-post relief, while the other focuses on prevention beforehand; one is a temporary solution, and the other is a fundamental solution. Only by comprehensively strengthening intellectual property management can we improve the level of intellectual property protection.

First, for enterprises, scientific management of intellectual property rights lays the foundation for intellectual property rights protection. One of the problems that often arises in corporate rights protection is the stability of rights. If the company usually manages its intellectual property rights well and is very clear about the quantity, content, legal status of its own intellectual property rights, and the boundaries with the rights of others, it can calmly deal with others. Disputes such as administrative revocation, invalidation and infringement litigation. Second, intellectual property management can accumulate reliable evidence for rights protection. Through intellectual property management, important information in the process of obtaining and implementing intellectual property rights is classified and managed, and completely preserved, which can provide reliable evidence support for rights protection. This is especially important for the protection of trade secrets. Third, intellectual property management itself is the protection of intellectual property. By strengthening the management of technical personnel and technical achievements, clarifying the rights and obligations of technical personnel, as well as the ownership of rights to technical achievements, we can avoid intellectual property disputes caused by the flow of assets and personnel to the greatest extent. In addition, intellectual property management also plays an important role in measuring and reducing rights protection costs, selecting rights protection channels, and determining rights protection plans.

Second, as my country's intellectual property law enforcement is under decentralized management, it is even more important to increase the coordination and management of intellectual property law enforcement and establish cross-departmental and cross-regional IP case transfers, information notifications, and cooperation in investigations and other mechanisms, and build a platform with functions such as information services, case supervision, data analysis, situation evaluation, monitoring and early warning, etc., to achieve the organic connection between the work of law enforcement coordination departments, administrative law enforcement departments and judicial protection agencies. The Wuhan Municipal Party Committee and Municipal Government established the Wuhan Intellectual Property Leading Group, which is fully responsible for coordinating the city's intellectual property management and protection work. The number of member units of the leading group has reached 35, covering relevant departments of the municipal party committee, municipal people's congress, municipal government, municipal political consultative conference, municipal intermediate people's court, municipal procuratorate, municipal arbitration committee, customs and other systems.

Third, judicial protection and administrative protection agencies themselves need to strengthen management. Through internal management, they comprehensively strengthen law enforcement capacity building, improve personnel quality, strictly enforce law enforcement procedures, standardize law enforcement behaviors, and strengthen law enforcement methods.

Strengthening intellectual property management can improve the ability to use intellectual property

The use of intellectual property is the core of implementing intellectual property strategy. The purpose of strengthening the creation, management and protection of intellectual property is to improve The ability to use intellectual property rights can comprehensively improve the market competitiveness of enterprises and the core competitiveness of the country. The level of intellectual property management restricts the full use of intellectual property capabilities.

First, from the perspective of enterprise management, enterprises are the main body in the application of intellectual property rights. Intellectual property management is an important link in enterprise operation and management activities. The intellectual property management department plays an important role in enterprise operation and management, from the positioning of the overall management system to the setting up of management departments, staffing and actual functions. Intellectual property management can improve the economic benefits of intellectual property. The main means of profiting from intellectual property rights are the implementation, transfer and licensing of intellectual property rights. During these work processes, comprehensive management of intellectual property rights including plan management, property rights management, and licensing management must be strengthened.

Second, from the perspective of national and local intellectual property administrative management, strengthening the implementation and application of intellectual property and improving the competitiveness of the country and the region is one of the main tasks of administrative management. In order to encourage the implementation of intellectual property rights, the state and local governments have introduced a series of policies to encourage innovation. In 2006, the State Council issued a number of supporting policies for the implementation of the "National Medium and Long-term Science and Technology Development Plan (2006-2020)", including investment in science and technology, taxation, etc. A series of policies have been introduced in terms of incentives, financial support, government procurement, intellectual property rights, and talent teams. Local governments have also introduced more specific incentive policies based on local realities. The Wuhan Municipal Party Committee and the Wuhan Municipal People's Government proposed in the "Decision on Enhancing Independent Innovation Capabilities and Striving to Become a National Innovative City" that they implement government procurement policies that support independent innovation. Establish an independent innovation product certification system, identification standards and evaluation system, and determine the catalog of independent innovation products for government procurement. The municipal finance department, together with relevant departments, will implement the policy of giving priority to independently innovative products in government procurement based on the catalog of independently innovative products. Implement the government's first purchase policy and ordering system, and continuously increase the proportion of the city's innovative products and services in government procurement. Through engineering design, budget control, bidding and other forms, we will guide and encourage government departments, enterprises and institutions to select the best products with independent intellectual property rights from domestic and local high-tech enterprises. The implementation of these policies will greatly promote the use and implementation of intellectual property rights.

Intellectual property management is not only a theoretical issue, but also a practical issue. In today's rapidly developing era of knowledge economy, only by examining intellectual property management from two aspects: theoretical discussion and practical innovation can we grasp its appropriate coordinate points three-dimensionally and give full play to the important role of management in intellectual property capacity building. . 1. Group enterprise management model Enterprise groups are mostly large enterprises with diversified industrial development and a certain scale. In view of the breadth and complexity of the intellectual property protection objects of such enterprises, enterprise groups should establish a complete intellectual property management system to adapt to it.

First, establish an independent intellectual property management committee at the group headquarters. The deputy general manager of the group is personally in charge and is fully responsible for all corporate intellectual property matters. The committee is composed of 7 people, including the group’s deputy general manager, legal advisor, group office director, managers of each industry segment, and office leaders. It independently performs the following functions:

(1) Formulate corporate intellectual property policies based on corporate characteristics Business policy strategy and planning.

(2) Guide the group’s industrial sectors and relevant departments to establish and improve various rules and regulations for intellectual property rights.

(3) Supervise the implementation of various rules and regulations.

(4) Initiate legal proceedings or deal with individuals who violate various rules and regulations through non-legal means.

(5) Organize employees, especially senior managers and technical research and development personnel, to conduct systematic intellectual property education and training.

(6) Coordinate intellectual property affairs between departments and industrial blocks.

(7) Supervise all industrial sectors of the group to apply for, register and protect qualified patents, trademarks, copyrights, etc. in a timely manner.

Secondly, the group office, administration department, development department, various industrial block offices, development departments, and general managers of various industrial blocks affiliated to the group cooperate with the Intellectual Property Management Committee to carry out Work. The Intellectual Property Management Committee holds a meeting with each of the above departments once a month.

Under the guidance of the Intellectual Property Management Committee, these departments and individuals implement intellectual property work into every department, every employee, every job and every link of the group and each industry block. At the same time, these departments will also provide timely feedback to the Intellectual Property Management Committee on the difficulties, problems and suggestions encountered in the intellectual property process.

In addition, the Intellectual Property Management Committee also maintains close contact with various intellectual property administrative agencies and collects various intellectual property laws, regulations and policies in a timely manner for its own use.

2. The management model of medium-sized enterprises with a single industry. Medium-sized enterprises with a single industry and small scale should also establish an independent intellectual property department, which serves as the think tank of the board of directors and is directly led by the company's board of directors. The department is composed of The deputy general manager in charge of technical and legal affairs is in charge, and it consists of a technical office, a trademark office, a legal office, and an information office. The heads of each office serve as liaisons and the deputy general manager convenes regular meetings to study and coordinate the work of various functional departments, and formulate industrial strategies and business policies for corporate intellectual property, thereby developing a network-based management model. Each functional department is responsible for the specific performance of the following responsibilities to the general manager:

(1) Determine the objects of enterprise intellectual property protection;

(2) Formulate various intellectual property management systems of the enterprise, and be responsible for Supervise implementation;

(3) Implement corporate intellectual property industry strategies to maximize corporate intellectual property benefits;

(4) Carry out intellectual property education and training for employees to improve corporate employees’ intellectual property rights awareness of protection;

(5) Establish an intellectual property infringement monitoring network to prevent companies from infringing on others’ intellectual property rights.

3. Management model of small high-tech enterprises Small high-tech enterprises generally have the characteristics of small scale, high technical content, and streamlined organization. The establishment of intellectual property management agencies should adopt a point-to-face integrated management model, that is, Choose the key points and coordinate comprehensively. There is no doubt that the importance of scientific and technological enterprises in the life of such enterprises ranks first among all departments. Therefore, the intellectual property management department is not set up independently, but is integrated with the chief engineer's office or the science and technology management department of the enterprise. Set up full-time personnel to specialize in the registration and management of intellectual property rights such as patents, trade secrets, trademarks, computer software, etc., and they will be directly led by the cadres in charge of intellectual property rights in the enterprise.

In addition, in terms of the selection of personnel in the intellectual property management department, we believe that large and medium-sized enterprises should be equipped with professional intellectual property management talents, the technical department should have patent agents, the trademark department should have trademark agents, and the legal department should have There are lawyers specializing in intellectual property rights. The professionalization of managers is a major trend in modern enterprise management, and many multinational companies attach great importance to it. For example, IBM in the United States handles its specialized matters related to patents by patent attorneys and patent agents. There are more than 100 patent attorneys in the United States and more than 100 patent agents in other regions. Of course, most domestic companies currently do not have such abundant human resources. Therefore, as a stopgap measure, on the one hand, enterprises must strengthen their connections with various external intellectual property administrative agencies and affairs agencies, obtain all kinds of intellectual property information and consultation in a timely manner, and understand government policies and industry requirements. On the other hand, from the perspective of long-term development needs of enterprises, enterprises must consciously cultivate their own professional intellectual property managers. Gather the company's existing technological achievements, patent management personnel and technical contract legal personnel to conduct systematic intellectual property law training, and encourage employees to take patent agent, trademark agent or lawyer qualification examinations, and strive to create a number of Senior compound talents who are familiar with intellectual property legal business, understand business management knowledge, and understand the professional technology of this industry can better serve this enterprise.