How to protect intellectual property rights

Legal subjectivity:

Methods to protect intellectual property rights: 1. Conduct regular surveys on relevant markets, strengthen relevant legal studies, and avoid the risk of intellectual property infringement; 2. For infringed intellectual property rights, the parties can deal with them through negotiation, mediation, litigation, etc. on their own to minimize losses; 3. Other protection methods. Legal objectivity:

In this new century full of hope, science, technology, literature and art are developing rapidly and will achieve more brilliant achievements. With the advent of the information society and knowledge economy, the contradiction between the protection of intellectual property and economic, technological and cultural development, and the contradiction between developed and underdeveloped countries have become increasingly prominent. At the same time, the intellectual property system is playing an important role in promoting economic development and Technological progress and cultural prosperity will also play an increasingly important role. Our country's "Patent Law of the People's Republic of China", "Trademark Law of the People's Republic of China", Copyright Law of the People's Republic of China and other laws and regulations have been promulgated successively, providing a basis for the protection of intellectual property rights of various enterprises. Legal basis. 1. Patent protection There are three types of patents: invention patents, utility model patents and design patents. The patent rights enjoyed by the patentee mainly include the right to manufacture, the right to use, the right to sell, the right to sell, the right to import, the right to transfer and the right to license. Patent rights also include prohibition rights, waiver rights, marking rights, etc. Invention patents are protected for 20 years, and utility models and designs are protected for 10 years. Applying for a patent has the following benefits: 1. Obtaining monopoly rights: The patentee can directly prevent corresponding competition from business rivals and obtain higher profit returns. 2. Earn royalties: For a patent, even if there is no immediate market demand, it is likely that people will realize the use of the patent in the future and be willing to pay royalties. The American Xerox Company invented the graphical user interface, but did not apply for a patent. Later, Microsoft and Apple used graphical user interfaces as the basis of their personal computer operating systems. Preliminary estimates indicate that Xerox has lost nearly 1 billion US dollars in license fees. On the other hand, IBM passed the Transferred patents and earned US$1.7 billion in revenue. 3. As a defensive shield: If the inventor fails to apply for a patent at the first time, competitors will get there first. At that time, all the inventor's research and development efforts will be in vain, and the inventor himself will not be able to use his own scientific research results. 4. Assist in developing foreign markets: Currently, more than 170 countries and regions in the world have established and implemented patent systems. Many foreign buyers, especially American buyers, will require local manufacturers or sellers to prove that they own the intellectual property rights of their products. In order to protect themselves from being involved in infringement lawsuits, they will be willing to conduct transactions. 5. Use the small to defeat the large and enhance the competitiveness of enterprises: Patents are equally important to large, medium and small enterprises and new enterprises. In the fiercely competitive market, small enterprises can obtain patented new inventions to defeat large enterprises with huge amounts of money. A leading product established by advertising. 6. Increase the value of the enterprise: If a third party is willing to invest in a company, and if the company has a number of valuable patents, the company's stock price will increase significantly. In 1997, Microsoft acquired a small company with less than 6,000 users for US$425 million. The acquisition price was 40 times the average price in the industry based on the number of users. Microsoft was willing to pay this share price because the company held 35 Internet-based products. Key patents for delivering television content. 7. Conducive to scientific and correct decision-making by enterprises: Through patent analysis, enterprises can understand scientific and technological trends, industry trends, market trends, new product trends, and then predict, formulate the company's short-term, medium-term and long-term development plans, and determine what the company will develop. Products occupy the market, maintain the company's leading position, and expand market share. 2. Trademark protection The Trademark Law of the People's Republic of China stipulates that commodity trademarks, service marks, collective marks and certification marks can be registered in China and obtain exclusive rights to trademarks. Trademark logos can be text, graphics or a combination of them. Product trademarks refer to trademarks used on goods produced, manufactured, processed, selected and distributed. Service trademarks refer to trademarks used by operators providing services to distinguish the services they provide from those provided by others.

Collective trademarks are used by members of industrial and commercial groups, associations or other collective organizations on goods or services to indicate that the operators of goods or providers of services belong to the same organization in order to distinguish them from goods or services provided by non-members. 's trademark. Certification trademarks are controlled by administrative agencies, groups or their designated institutions with control and testing capabilities, and are used by others on goods or services to certify the origin, main raw materials, manufacturing methods, quality, Trademarks for accuracy and other specific qualities of goods. The trademark protection period is 10 years. During this period, there is no fee. It can be renewed after 10 years. Trademark registration has the following benefits: 1. It is protected nationwide and cannot be used by anyone else. 2. A registered trademark is the most important intangible asset of an enterprise that can be passed down to future generations and can continue to exist. It can be transferred, inherited, used as property investment, mortgage, etc. 3. Products can easily be sold in large shopping malls or supermarkets. More and more large shopping malls or supermarkets only allow products with registered trademarks to enter. 4. Most consumers believe that the quality of goods using registered trademarks is more reliable and it is easier to win the trust of consumers. 5. Prevent your carefully designed trademark from being registered by others first. Because my country implements the "first to file" principle for applications for registration of the same trademark, not only will the latter not be allowed to register the trademark, but re-use will also not be allowed, otherwise it will constitute infringement. 6. Avoid unintentional infringement and pay huge compensation fees. The new judicial interpretation stipulates that the amount of compensation is decided by the infringed party himself. 3. Copyright protection At present, most domestic and foreign countries use copyright to protect computer software. In our country, the "Computer Software Registration Method" is specially branched out from copyright to focus on the protection of software with independent intellectual property rights. Using software registration as a copyright protection method has many advantages: 1. Registered software will announce the right holder, development time, completion time, name and content. There will be a clear basis for disputes, which can clarify the ownership of the software and avoid In order to avoid unnecessary ownership disputes caused by personnel changing jobs, it can also be said that software registration is the prerequisite for administrative handling or legal proceedings of software rights disputes. 2. Authorization is fast, you can get the certificate in about two months, and the copyright protection period is long, with a protection period of 50 years. 3. Registered software does not disclose the software program. Only when infringement occurs, it will be used as the basis for infringement determination, and confidentiality is extremely high. 4. The scope of protection is wide and can be effectively used as the basis for determining infringement. 5. The cost is low, and only a one-time payment is required, no annual fee is required. Attachment: Relevant legal provisions: The new "Criminal Law of the People's Republic of China" came into effect on October 1, 1997. In the new criminal law, the crime of infringement of intellectual property rights is listed separately. Prior to this, China's relevant intellectual property protection laws and regulations had included provisions such as the provisions of the criminal law to pursue criminal liability. This revision of China's criminal law demonstrates China's efforts to strengthen the protection of intellectual property rights. The relevant provisions of the new criminal law are as follows: 1. If a trademark identical to the registered trademark is used on the same kind of goods without the permission of the owner of the registered trademark, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be fined concurrently or solely. fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. 2. Anyone who knowingly sells goods with counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years. and impose a fine. 3. Whoever forges or manufactures other people's registered trademarks without authorization or sells forged or unauthorized registered trademarks, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined; if the circumstances are particularly serious, shall be sentenced to three years to fixed-term imprisonment of not less than 10 years but not more than seven years, and shall also be fined. 4. Those who counterfeit others’ patents, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years.

5. For the purpose of making profits, if one of the following copyright infringement circumstances occurs, and the amount of illegal gains is relatively large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the amount of illegal gains is huge or there are other If the circumstances are particularly serious, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined: (1) Copying and distributing written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner; (2) Publishing books for which others have the exclusive right to publish; (3) Copying and distributing audio and video recordings without the permission of the producers of audio and video recordings; (4) Producing and selling artistic works that counterfeit the signatures of others. 6. Whoever, for the purpose of profit, knowingly sells infringing copies as specified above and obtains a huge amount of illegal income, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined. 7. Whoever commits any of the following acts of infringing on trade secrets, causing heavy losses to the right holder of the trade secrets, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely to a fine; if the consequences are particularly serious, he shall be sentenced to not less than three years and seven years. The following persons shall be sentenced to fixed-term imprisonment and shall also be fined: (1) Obtaining the right holder’s business secrets through theft, inducement, coercion or other improper means; (2) Disclosing, using or allowing others to use the right holder’s business secrets obtained by the means mentioned in the preceding paragraph. ; (3) Violating the agreement or violating the obligee's requirements for keeping trade secrets, disclosing, using or allowing others to use the trade secrets in his possession. Anyone who knowingly or should have known about the acts listed in the preceding paragraph and obtains, uses or discloses the trade secrets of others shall be deemed to have infringed the trade secrets. The so-called trade secrets mentioned above refer to technical information and business information that are not known to the public, can bring economic benefits to the right holder, are practical, and have been kept secret by the right holder. The above-mentioned rights holders refer to the owner of the trade secret and the users of the trade secret with the permission of the owner of the trade secret. In addition, if a unit commits any of the above-mentioned crimes, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the above-mentioned provisions. 1. Registered software will announce the rights holder, development time, completion time, name and content. There will be a clear basis for disputes, which can clarify the ownership of the software and avoid unnecessary ownership caused by personnel changing jobs. Disputes, it can also be said that software registration is the prerequisite for administrative settlement or legal proceedings of software rights disputes. 2. Authorization is fast, you can get the certificate in about two months, and the copyright protection period is long, with a protection period of 50 years. 3. Registered software does not disclose the software program. Only when infringement occurs, it will be used as the basis for infringement determination, and confidentiality is extremely high. 4. The scope of protection is wide and can be effectively used as the basis for determining infringement. 5. The cost is low, and only a one-time payment is required, no annual fee is required. Attachment: Relevant legal provisions: The new "Criminal Law of the People's Republic of China" came into effect on October 1, 1997. In the new criminal law, the crime of infringement of intellectual property rights is listed separately. Prior to this, China's relevant intellectual property protection laws and regulations had included provisions such as the provisions of the criminal law to pursue criminal liability. This revision of China's criminal law demonstrates China's efforts to strengthen the protection of intellectual property rights. The relevant provisions of the new criminal law are as follows: 1. If a trademark identical to the registered trademark is used on the same kind of goods without the permission of the owner of the registered trademark, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be fined concurrently or solely. fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. 2. Anyone who knowingly sells goods with counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years. and impose a fine. 3. Whoever forges or manufactures other people's registered trademarks without authorization or sells forged or unauthorized registered trademarks, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined; if the circumstances are particularly serious, shall be sentenced to three years to fixed-term imprisonment of not less than 10 years but not more than seven years, and shall also be fined. 4. Those who counterfeit others’ patents, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years.

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