First, the causes of frequent intellectual property disputes in China enterprises
(A) Most enterprises do not have the core technology with independent intellectual property rights.
In China, only three ten thousandths of enterprises have the core technology of independent intellectual property rights, 99% of enterprises have not applied for patents, 60% of enterprises do not have their own trademarks, and the proportion of private enterprises is even lower;
Although the number of patent applications filed by enterprises in China has increased greatly in recent two years, most of them are confined to design and utility model patents, and the number of patents obtained in the international market is very low. Compared with developed countries and Hong Kong and Taiwan, there are some problems such as wide distribution and unreasonable structure.
(2) Most enterprises have not established an internal management system for intellectual property rights.
According to a special survey, there are 244 enterprises that have established internal systems of intellectual property rights, and nearly half of them are establishing internal management systems of intellectual property rights or not at all, not to mention fixing effective systems in the form of law;
Although some enterprises have management agencies responsible for intellectual property rights, most of them are part-time to other departments. Many enterprises attach importance to the training of workers' production skills, but ignore the education of workers' intellectual property rights, and there is no clear regulation on the reward for developing intellectual property rights. Many small and medium-sized enterprises generally have small business scale and irregular management.
(c) There is no effective early warning mechanism for intellectual property rights.
At present, enterprises in China are faced with frequent cases and disputes of illegal patent abuse, which obviously show problems such as insufficient preparation and lack of effective early warning mechanism of intellectual property rights. For example, some enterprises think that as long as the new achievements they have developed pass the appraisal, they naturally enjoy exclusive rights, can not apply for patents in time, and lack other legal protection means. It is time-consuming and laborious to trace a large number of counterfeit products when they appear, and the effect is not good.
(four) there is not enough administrative and legal deterrent to disputes.
On the one hand, there is not enough administrative and legal deterrent to enterprises and individuals who maliciously infringe on their rights in the government and judicature; On the other hand, the judicial utilization rate of enterprise intellectual property disputes is low; Due to the long time-consuming administrative litigation of intellectual property rights and the high cost of legal aid, enterprises lack confidence in seeking justice through administrative and judicial channels.
Second, China enterprise intellectual property disputes prevention strategy
(1) Intensify research and development and do a good job in patent application.
Mike Jammer, president of Haier Group (USA), said: "Imitation can't win the market, but it must have original features favored by consumers." It can be seen that only the unique innovation of enterprises can be imitated by others and the competitiveness of enterprises can be formed. The development of enterprises should not only strengthen research and development, accelerate the innovation of core technologies, but also do a good job in patent application and patent layout. If the enterprise's own R&D achievements meet the requirements for patent application, the enterprise shall apply for patent protection in time. In patent application, enterprises should pay special attention to the role of utility model patents. The utility model has the advantages of low creative requirements for technical scheme, low application cost, fast authorization and not easy to fail. Some companies pay insufficient attention to these "small innovations" and only apply for some basic patents, leaving a lot of room for others to apply for subordinate patents. Enterprises should apply for subordinate patents, expand their own patent chips, and do a good job in patent layout, so that the probability of patent infringement lawsuits that may be faced in the future will be very small.
Legal basis: Patent infringement refers to the act of exploiting a patent without the permission of the patentee as mentioned in Article 60 of the Patent Law of People's Republic of China (PRC) (hereinafter referred to as the Patent Law). The implementation here refers to manufacturing, using, promising to sell, selling, importing its patented products or using its patented method, as well as using, selling, promising to sell and importing products directly obtained by this method. Patent infringement can also be called patent infringement. According to the provisions of China's patent law, patent infringement refers to the act of others exploiting a patent for profit without the permission of the patentee and other legal reasons within the validity period of the patent right.