Gourmet intellectual property rights are the exclusive rights regarding the fruits of intellectual labor created by human beings in social practice. With the development of science and technology, in order to better protect the interests of property owners, the intellectual property system has emerged and is constantly being improved. Nowadays, there are more and more infringements of intellectual property rights such as patent rights, copyrights, and trademark rights. How to avoid infringement incidents? How to protect your intellectual property rights if your intellectual property rights are infringed? What are the laws and regulations for intellectual property protection? Below, the editor of 51Dongshi will introduce you to the relevant knowledge of intellectual property. What is Intellectual Property? Intellectual property is "a collective term for the rights generated by law based on creative achievements and industrial and commercial marks." The three most important intellectual property rights are copyright, patent rights and trademark rights. Patent rights and trademark rights are also collectively referred to as industrial property rights. Intellectual property rights are generally only valid for a limited time. World Intellectual Property Day>>

According to Article 123 of the Civil Code that came into effect on January 1, 2021: “Civil subjects enjoy intellectual property rights in accordance with the law. Intellectual property rights are rights holders’ rights in accordance with the law for the following: Exclusive rights enjoyed by objects: (1) works; (2) inventions, utility models, and designs; (3) trademarks; (4) geographical indications; (5) trade secrets; (6) integrated circuit layout designs; (7) New plant varieties; (8) Other objects specified by law ”Details>>

Intellectual property application Patent application 1. Invention patent application review and approval process: patent application—acceptance—preliminary examination—publication— Request for substantive examination—substantive examination—authorization.

2. Utility model patent application approval process: patent application—acceptance—preliminary examination—authorization.

3. Approval process for appearance patent application: patent application—acceptance—preliminary examination—authorization. Details>>

After accepting the application, the Trademark Office generally has to go through a formal review and a substantive review. After passing the review, it will issue a preliminary approval announcement. If there is no objection, the trademark will be registered and a registration announcement will be published at the same time. . Details>>

Copyright application Copyright registration is generally applied for at the China Copyright Protection Center or provincial copyright administrative departments (Copyright Bureaus). The registration process is as follows: Submit the application materials for copyright registration - fill in the "Registration Form of Works" and "Guarantee of Rights" - verify the materials by the registration authority - produce and issue a registration certificate after passing the verification - make an announcement. If you are not familiar with the intellectual property application process or find it too cumbersome, you can also find a professional intellectual property agency for registration. Details>>

How to deal with intellectual property infringement 1. Fix the quantity and business scale of infringing goods found at the evidence collection site. If evidence is collected multiple times at the same place, if the existing evidence proves that there are many infringing products, the business scale is large, and multiple evidence collections are enough to prove that the operator continues to sell infringing products, you may receive more compensation.

2. Fix the operating information of the operator to avoid affecting the litigation efficiency due to the parties or other procedural issues.

3. Fix the defendant’s website, promotional materials or information stored in relevant departments, such as the business scope, sales scale, profit and other data publicly announced by the defendant and submitted to the relevant departments, which can be used as a preliminary basis for claims. evidence.

4. The editor of 51Dongshi recommends actively pursuing the source of infringing goods, stopping the infringement from the source, and possibly obtaining more compensation. Details>>

Issuing a warning letter as a way to protect intellectual property rights is not very serious for infringements and the consequences. The suspected infringing company is not too big. The rights holder can remind the other party by issuing a warning letter and ask it to stop infringement.

Aiming for compensation. If the alleged infringement has caused a large loss to the right holder and the right holder is prepared to sue the infringer with the goal of obtaining compensation, before filing a lawsuit in court or sending a warning letter to the other party, You should proactively and fully prepare evidence of infringement and evidence of losses you have suffered or benefits gained by the other party, so as to prepare for future court proceedings and gain an advantageous position.

Using litigation to promote peace talks. Rights holders sometimes file lawsuits in court not to obtain a judgment from the court, but to negotiate peace talks with the alleged infringers and compensate for the losses caused by their infringements. . Rights holders should clarify their own bottom line before negotiating between the two parties. At the same time, they should also try their best to investigate the other party's bottom line in order to better safeguard their legitimate rights and interests.

Litigation is used to clear the market. In many cases, it is difficult for rights holders to obtain full compensation from lawsuits. However, if no lawsuit is filed, infringement will spread and the market share of the rights holder will be greatly affected. Therefore, rights People had to file lawsuits to regain market share of genuine products. For example, a luxury brand can tolerate fake products with poor workmanship being sold at bargain prices in markets, but it will never accept high-imitation products being sold in hotels and shopping malls, because the consumer group of the former is not the target group of the rights holder, while the consumer group of the latter It is very likely that the target customers of the rights holder will be diverted. Therefore, even if the right holder cannot obtain sufficient compensation from the case, he will take legal measures, even criminal measures, to maintain his market share.

Using litigation to promote cooperation. Sometimes, when the rights holder asks the alleged infringer to stop infringement or file a lawsuit in court, it does not really require it to stop using the rights holder’s intellectual property rights, but it uses it as a platform to urge the other party to Negotiate or mediate with the rights holder, and then both parties reach an intention to cooperate. Details>>

Avoid intellectual property infringement, establish awareness of intellectual property infringement, intentionally avoid, learn laws and regulations related to intellectual property, operate prudently, conduct patent searches before and during R&D, and do a good job in intellectual property management. Technological innovation improves corporate competitiveness.

Avoiding the problem of intellectual property infringement in commercial advertising 1. Improving corporate competitiveness through technological innovation

The prospect of the development of Chinese enterprises is to create their own brands and improve enterprises through technological innovation competitiveness. For small and medium-sized enterprises, independent research and development and innovation are not easy tasks. However, it will be difficult for small and medium-sized enterprises to become stronger if they just imitate.

2. Intellectual property protection measures are closely connected with enterprise operation and management

Enterprises should protect patent rights, copyrights, trademark rights, etc. for products that have been developed or are to be developed. The measures are comprehensively planned and reflected in various aspects such as registration, operation, contracts, and labor contracts, and are closely connected with enterprise operation and management.

3. Establish and improve the early warning mechanism for corporate intellectual property rights

Take patents as an example. The patent early warning mechanism mainly includes three parts, namely, information collection mechanism, analysis and processing mechanism and alarm mechanism. .

Take the tracking, early warning and monitoring of patents as an example:

First, for authorized patents, all measures necessary to protect patents stipulated in the patent law should be strictly implemented. .

The second is to evaluate the authorized patents of competitors or partners, and they should also be treated differently, distinguishing between technologies that can be developed by oneself or in cooperation, technologies that can participate in competition, technologies that are worth purchasing, etc.

The third is to pay close attention to whether there is any unauthorized use of the company's patented technology in the same industry at home and abroad. Once discovered, take immediate measures to stop the other party's infringement.

Tracking and conducting research and analysis on patent applications, authorizations, disputes, and patent status and development trends in trade, and formulating intellectual property early warning plans.

4. Strengthen prevention awareness and legal system construction, and curb malicious infringement litigation

Malicious litigation is a special phenomenon that has occurred in intellectual property litigation in recent years. It is a party that pursues illegal actions based on malicious intent. It is an illegal act to file a lawsuit for profit or to achieve other illegal purposes. The reason why malicious intellectual property lawsuits are filed or even succeed is largely due to defects in the legal system, especially the litigation legal system. Details>>

What is intellectual property evaluation? Intellectual property evaluation belongs to the category of enterprise asset evaluation. It is used to determine the current value of intellectual property and the value that will be obtained through future effects.

Intellectual property assessment process Intellectual property assessment project signing - establishment of an intellectual property assessment project team - entrusting unit to provide assessment information as required and project leader on-site inspection and verification - market survey - design of mathematical model - discussion by expert committee -Notify customers of the intellectual property evaluation results - Print the intellectual property evaluation report and deliver the evaluation report to the customer - Extended services after the evaluation results.

What does intellectual property standard implementation mean? Intellectual property standard implementation, for enterprises, means the implementation of the national standard "Enterprise Intellectual Property Management Standards". This standard was formulated by the State Intellectual Property Office and officially implemented in 2013 after approval. To implement this standard, relevant enterprises should consciously abide by the relevant provisions of my country's intellectual property laws and refrain from infringing on the intellectual property rights of others.

Intellectual property standard implementation certification process standard implementation start-investigation and diagnosis-system construction-manual preparation-issuance of documents and implementation-implementation and operation-internal audit-management review.

Transfer of intellectual property rights. Can intellectual property rights be transferred? Intellectual property rights can be transferred.

Intellectual property transfer means that the intellectual property transferor and the intellectual property transferee transfer the intellectual property rights holder from the transferor in accordance with the laws and regulations related to intellectual property transfer and the transfer contract signed by both parties. Legal action given to the transferee.

How to transfer intellectual property rights: First, you must find a way to transfer intellectual property rights, and then the intellectual property transferor and the intellectual property transferee sign an intellectual property transfer contract, and prepare the relevant documents required for the transfer of intellectual property rights. We entrust an intellectual property agency to submit the relevant documents to the Intellectual Property Office, and then we wait for the Intellectual Property Office to review it. If the review is passed, the Intellectual Property Office will generally issue a transfer qualification notice within 2 to 6 months.

Intellectual property protection laws and regulations 1. The "General Principles of the People's Republic of China and Civil Law" (1987) stipulates 6 types of intellectual property rights and stipulates the civil law protection system for intellectual property rights.

2. The "Criminal Law of the People's Republic of China" defines the relevant content of intellectual property crimes in eight articles, thus defining China's criminal law protection system for intellectual property rights.

3. The "Trademark Law of the People's Republic of China" has been revised three times, and the latest revised version was implemented on May 1, 2014. Regulations such as the Interpretation of Several Issues Applicable Law in the Trial of Civil Trademark Dispute Cases have relatively comprehensively protected trademarks.

4. The "Patent Law of the People's Republic of China" has been revised three times, and the revised version was promulgated on October 1, 2009; "Patent Law Implementing Rules", "Enterprise Patent Work Management Measures" ( Trial)", "Several Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law to Stop Patent Infringement Before Litigation (Fa Shi [2001] No. 20)", "Several Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Dispute Cases" Interpretation (Fa Interpretation [2009] No. 21)", "Several Provisions on Applicable Legal Issues in the Trial of Patent Dispute Cases" and other supporting legal norms.

5. The "Copyright Law of the People's Republic of China" has been revised twice. The latest revised version was implemented on April 1, 2010, and is in the process of relevant revisions; the latest "Copyright Law" Implementing Regulations", "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases concerning Copyright Civil Disputes (2002)", "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Computer Network Copyright Disputes (2006 Revision)" and other judicial The interpretations all provide legal protection for copyrights, Internet copyrights, etc. at the judicial level. The "Notice on Regulating the Order of Copyright for Online Reprinting" stipulates that Internet media have regulations for reprinting other people's works.

6. The "Computer Software Protection Regulations of the People's Republic of China" has been revised twice to provide protection for computer software and related technologies.

7. The "Regulations of the People's Republic of China on the Protection of New Plant Varieties" provides legislative protection for plant varieties.

8. The Law of the People's Republic of China 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 "Law of the People's Republic of China and the State Against Unfair Competition" clearly regulates unfair competition, which provides supplementary legislative protection for intellectual property rights in aspects such as packaging, decoration, and trade secrets.

10. The Tort Liability Law of the People's Republic of China regulates the types of civil torts and corresponding tort liability.

11. With the implementation of the "Interim Measures for the Management of Online Commodity Transactions and Related Service Behaviors", online stores have officially entered the era of "real-name system".

12. The intellectual property protection of product design is protected through other specific intellectual property rights. Details>>

Full text of Copyright Law of the People's Republic of China>>Full text of Trademark Law of the People's Republic of China>>Full text of Patent Law of the People's Republic of China>>