Question 1: How can individual citizens protect intellectual property rights? 1. Obtain corresponding rights in a timely and legal manner, such as trademark rights and patent rights.
2. Deal with infringement in a timely manner if found.
Question 2: How to protect personal intellectual property rights? Writing works enjoy copyright (copyright);
Registered trademarks enjoy exclusive rights to trademarks;
You can apply for and obtain patent rights, computer software rights, network communication rights, disseminator rights, etc. Other intellectual property rights.
----Can be protected according to law
Question 3: If others imitate your work, how can you protect your intellectual property rights? Hello, collect the other party’s infringement evidence, and then use your product rights evidence to pursue the other party’s infringement liability according to law. ***According to law.
Question 4: How to protect intellectual property rights? Humanity has entered the 21st century. 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 has 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.
my 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 various The protection of intellectual property rights of enterprises provides a legal basis.
1. Patent Protection
There are three types of patents, namely: 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 opponents 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 graphics User interface, but did not apply for a patent. Later, Microsoft and Apple used the graphical user interface 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 obtained US$1.7 billion in revenue by transferring patents in 2001.
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 it. 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 It owns the intellectual property rights of its products to protect itself from being involved in infringement lawsuits, so that it is willing to conduct transactions.
5. Win the big with the small 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 technologies. Inventions can defeat leading products established by large companies with huge amounts of 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 industry average price 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 technological trends, industry trends, market trends, new product trends, and then predict and formulate the near, medium and long-term future plans of the enterprise. Development planning determines which products the company will develop to 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 trademarks and certification marks can apply for registration in China and obtain trademarks. Exclusive rights. Trademark logos can be text, graphics or a combination of them.
Commodity 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 on goods or services by members of industrial and commercial groups, associations or other collective organizations to indicate that the operators of goods or providers of services belong to the same organization so as to distinguish them from those of non-members. A trademark that differentiates the goods or services provided.
Certification trademarks are controlled by administrative agencies, groups or their designated institutions with the ability to control and detect, and are used by others on goods or services to certify the origin, main content, etc. Trademarks of raw materials, manufacturing methods, quality, precision 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. Nationwide... ...>>
Question 5: How to protect your own intellectual property rights? The scope of this intellectual property rights is relatively broad. Let’s talk about the protection of patents first:
Enterprises’ intellectual property strategy , we must establish four awareness of patents
1. Civilian awareness of patents.
Many people know very little about patents, think they are inscrutable, and dare not get involved. In fact, anyone who understands patents knows that "improvement is patent, innovation is invention, practicality is the key, what the predecessors did not have are standards, and economic significance is the prerequisite."
In Shuangliu, farmer Song ×× used the principle of tree connection to nail several small trees together to turn them into big trees. This method applied for a national invention patent; farmer You ×× , found that bitter melon seedlings are easy to die but luffa seedlings have developed root systems, and the bitter melon vine and luffa vine are connected together. As a result, the yield of bitter melon is increased by more than L times, and the harvest period is extended by two months, and the yield of bitter melon per mu is increased by more than 2,500 kilograms. This method He also applied for a national invention patent; there was also a classmate Song from a certain middle school who applied for 6 national patents alone.
These examples show that patents are not complicated. The key is whether you have patent awareness. As long as you have patent awareness and become a patent-minded person, you will be able to find that there are many technologies and products around you, and many ideas can be applied for patents. This is the civilian awareness of patents.
2. Patent agency awareness.
The key to whether a patent is good or not lies in the innovation of the patent inventor, but whether a patent is good ***, patent attorneys play a key role. It is difficult to protect a patent, and the patent attorney has 90% of the responsibility. When it comes to patent disclosure, “anything more is unnecessary, and nothing less is unacceptable.” The disclosure must be appropriate, just right, concise and clear, and claims for rights must not be superfluous. All these require patent applicants to be familiar with patent writing skills, understand the current development status and trends of the industry, and understand the ways in which infringers may infringe, so as to take precautions when writing claims.
For example, for a factory that produces artificial marble in a certain county, the patent agent in the past applied for a single protection for artificial marble of various colors. The infringer broke through his patent by slightly adjusting the color. As for the scope of protection, the company spent a lot of money and applied for many patents, but the results were difficult to obtain. Later, it found a patent agent expert who carefully analyzed and guided the company to apply for "a kind of colored artificial marble" and " The three invention patents "Manufacturing Technology of Artificial Marble" and "Artificial Marble with Natural Patterns" cover all products and production technologies of artificial marble and are well protected.
Therefore, when applying, you must consider what aspects the infringer may infringe on, and you must pay attention to precautions when claiming rights. This can only be done by choosing an experienced patent attorney.
3. Patent *** awareness.
The purpose of applying for a patent is not to look good, nor to show off, nor to decorate the appearance, but to obtain more benefits through patent protection. Therefore, once you find that there is a product on the market that infringes your patent, you must have a sense of privacy, confidently take up legal weapons, and file a lawsuit against the infringing party. The key to litigation is evidence. The collection of evidence must be accompanied by notaries from the notary office to the scene for collection.
For example, a waterproof material Co., Ltd. in Chengdu is a high-tech enterprise that produces waterproof materials. Its products have been successfully used in the construction of Beijing Olympic venues such as the Bird's Nest and the Water Cube. They will "have step-by-step expansion time". There are more than 10 new waterproof material products such as "water-expansion water-stop strip with controlled characteristics", "plastic or rubber water-stop strip with grouting pipe", "self-laying waterproof material", etc., all of which have applied for national patents and have received national Protect.
In January 2007, the company discovered that the company's patented product "water-swellable waterstop with grouting pipe" was being used on a construction site and immediately led notaries to participate in evidence collection. I went to the construction site to take photos, followed the clues to find the sales department, and then found out from the product label that the infringing manufacturer was a rubber products factory in Chengdu. I also learned about the company's production and operation status from the tax department, and went to the store as a user to purchase the product. The company conducted an on-site inspection and obtained a large amount of evidence of infringement.
After all the evidence was collected, a lawsuit was filed with the Chengdu Intermediate People’s Court against a rubber products factory in Chengdu that produced “water-swellable waterstops with grouting pipes” and sold “water-swelling waterstops with grouting pipes”. Sales departments that use "water-expandable water-stop strips for grout pipes" and construction companies that use "water-expandable water-stop strips for grout pipes" all went to court, demanding an end to the infringement and compensation. Later, a rubber products factory in Chengdu took full responsibility, and through court mediation, it compensated a Chengdu waterproofing material Co., Ltd. 40,000 yuan, destroyed unsold products and production equipment, and stopped production... .>>
Question 6: How to protect your intellectual property rights? Please describe clearly what you want to protect? Invention? Trademarks, technical secrets, book copyrights?
Question 7: How do small and medium-sized enterprises protect their intellectual property rights? 5 points The main types of intellectual property rights of enterprises: trademarks and patents. Or copyright?
Let’s talk about trademarks first:
(1) Registration
It is best to register before using it, and it is best to search to see if there are no identical or similar trademarks. A trademark must have a unique meaning, be easy to understand and remember. A trademark is to a product just like a person’s name. It should not be something like a name, but it must have characteristics. It can be text, graphics, letters, numbers, three-dimensional logos, Colors individually or in combination, as well as combinations of the above elements. When registering separately, if it is rejected by the Trademark Office, you must carefully decide whether to review it.
(2) Use
When the trademark is reflected in the sale of goods, you must pay attention to the preservation of relevant documents (such as invoices, agency sales contracts, etc.), and it is best to reflect it on these evidences This trademark is subject to distinctiveness under trademark law.
(3) Planning
Don’t neglect details such as trademark planning because of the scale.
Question 8: How to protect intellectual property rights? Shenzhen Luhao Intellectual Property Answers:
Apply for trademark protection, patent protection, copyright protection, etc. in a timely manner.
Question 9: How to protect your intellectual property rights? Find a professional agency to handle it.
Question 10: How to protect your intellectual property rights? According to Paragraph 2 of Article 69 of the Patent Law, the following situations are not considered infringement of patent rights:
The same product has been manufactured, the same method has been used, or the necessary preparations for manufacture and use have been made before the patent application date, and only Continue to manufacture and use within the original scope.
If the other party can prove that they meet the above conditions, then their sales behavior is legal.
In addition, the other party tells you that their products have been used and sold before you applied. They may have consulted a lawyer and believe that they meet the conditions mentioned in Article 69 and are not afraid of you filing a lawsuit.
The key now is whether the other party has evidence to prove that their products were already in use and sold before you applied, and you also need to compare whether the products they are selling now are consistent with the products they were selling before you applied. If so, If the difference is different, then whether the difference falls within the scope of protection of your patent requires a comprehensive analysis and judgment. It is recommended that you consult a lawyer or patent agent who is expert in the field of intellectual property. Ordinary lawyers are not very good. to handle such cases.
Please adopt~