Discussion on legal solutions for intellectual property strategy design and implementation (1)

Lawyer Li Changyuan

Entertainment law, intellectual property, compliance and data, countermeasures Unfair competition, wealth management and inheritance

Hello everyone, I am lawyer Li Changyuan of Tianshang Entertainment Law. In this issue, I will discuss the design and implementation of intellectual property strategy with you through a simple case. Some basic legal issues, focusing on legal ideas and legal methods to solve the problems.

Just a few days ago, a new Internet live streaming and delivery training company came to me through a friend. They wanted to discuss with a lawyer how their company could establish its own intellectual property strategy and how to implement it effectively.

We have a preliminary understanding that this new company is in the field of live streaming training, providing companies and individuals with a series of full training on live streaming, live streaming services, live streaming supply chain operations, etc. Services are typical knowledge-intensive enterprises. Corporate entrepreneurs have a high starting point for starting a business and have a strong awareness of intellectual property rights. Most of them have been engaged in professional services for many years in related industries such as live streaming and entertainment. Fortunately, they were considering creating an intellectual property strategy for their company when they started their business, and they also paid great attention to the implementation of the intellectual property strategy.

After we received the demand for this legal service, we conducted a detailed analysis. We mainly analyzed the following aspects:

1. What are the company's current strengths and core competitiveness?

2． What are the main business sector layout and future development arrangements of the company?

3. What are the special attributes of the training and live streaming industry and what are the future development trends of the industry?

What needs to be explained here is that the intellectual property strategic design and implementation of legal solutions is indeed a "building from the ground up" legal service work. It is different from traditional legal service projects and is extremely innovative. and complexity, requiring lawyers to have rich experience in litigation and non-litigation legal services in the field of intellectual property and competition, and at the same time pay close attention to the development trends and possible industrial integration of the industry to which the enterprise belongs, and focus closely on the core competitiveness of the enterprise, the Without resources and business operations, it will lead to a double layer between strategy and implementation, the strategy will not be implemented, and it will even waste people and money, and ultimately fail to obtain the support of judicial decisions.

Back in this corporate case, we found that traditional training companies, whether they adopt online teaching mode or offline training mode, the main works or intellectual property carriers are based on PPT courseware Most of them can be written works, and of course also include some materials inserted in PPT and the curriculum system composed of PPT courseware, including books and exercise books that may be published in the future.

As discussed with several founders, the founders gradually realized that protecting their intellectual property rights only through written works or picture works is still relatively weak, and at the same time it cannot protect them as non-professionals. Some technologies and methods for live streaming that can be turned into works.

We understand that as an industry that imparts knowledge and skills, the training industry cannot not disclose and teach these courseware, skills and methods to the outside world, and it faces huge legal challenges in the commercialization of these skills and methods. However, their technologies and methods, including some special expressions for live streaming, have invested huge human and financial resources in research and development, and finally formed a curriculum system. If others can easily obtain it and use it in large quantities, it may endanger the core of the company. competitiveness or even survival, but under existing judicial practice, their core intellectual achievements may not receive comprehensive and effective legal protection.

After analyzing the above situation, based on the basic processes and legal methods of intellectual property strategy we have mastered, we focused on the following aspects:

1. The entrepreneurial team of the enterprise has strong intellectual property rights Awareness, this is a good start;

2. The company has created a set of training courseware and course system with certain originality, which is an important foundation;

3. Enterprises hope that the intellectual property strategies and implementation plans they create can be gradually implemented as the enterprise's business expands and operates. This is a very objective and rational expectation.

Based on the above aspects, we propose that intellectual achievements that can be turned into works, a logo system that can be trademarked, a business competition symbol operation that can be confirmed, and a business secret system that can be protected by law. In the four dimensions, we need to create legal solutions for intellectual property strategy and implementation. At the same time, we need to formulate implementation processes and operational guidelines for the implementation of legal solutions.

Essentially, the above four basic tools must be used to comprehensively enhance, optimize and integrate workable knowledge results, trademarkable business logos, identifiable business symbols and legally protected products. The presentation form and operational capabilities of trade secrets must also consider competitors' imitation space and the firmness and height of the competition fence. This will make the company's intellectual property system surpass the traditional model of the original training company and have a certain degree of differentiation. function, which brings greater space for the improvement of its brand and product strength.

At the same time, we will also help companies further explore and productize the commercial value and competitive advantages they have accumulated in the process of live broadcast delivery training and live broadcast event management, so that intellectual property rights, product advantages, and The three parties in industry development interact effectively and use intellectual property rights to feed back the company's products and operations.

As far as this company is concerned, after we issue an intellectual property strategy and implement legal solutions, we will also closely follow these strategies and plans in its training courseware system, training operations, and live broadcast activities. The operating status of the company is based on the four basic points of strategic design, rights confirmation, rights enforcement, and rights protection to assist it in comprehensively protecting intellectual property rights and competitive advantages.

What needs to be further explained here is that in the process of designing and implementing legal solutions, we need to pay close attention to the dynamics of judicial confirmation and judicial protection, and strive to ultimately conduct secondary confirmation of rights through the ultimate effectiveness of judicial decisions. . This is what I mentioned earlier, the ability to implement legal solutions. We must not only raise tall buildings from the ground, but also be able to land them steadily and obtain legal protection.

Finally, all industries and companies involved in knowledge creation and knowledge output output will often face the problems encountered by this company, including film and television, performing arts, cultural heritage operations, Chinese-style creations, theme parks, Companies such as games, creative industrial parks, artworks, live broadcasts, short videos and traditional training may have encountered or are facing such thorny problems. In a sense, this has become a relatively big pain point in knowledge-intensive industries. Traditional The methods for protecting works and trademark registration are too simple and formal, and lack constructiveness. They are gradually unable to meet their urgent needs for the operation and protection of intellectual property rights, and cannot effectively maintain their effectiveness in the fierce market competition. Competitive advantage