(2) Protecting intellectual property rights can bring huge economic benefits to enterprises and enhance their economic strength. The exclusivity of intellectual property rights determines that enterprises can be invincible in the market only if they have independent intellectual property rights. More and more enterprises are beginning to realize the great role of intangible assets such as technology, brands and trade secrets, and how to make these intangible assets gradually increase in value depends on the reasonable protection of intellectual property rights.
(3) Protecting intellectual property rights is conducive to promoting foreign trade and attracting foreign investment. China joined the World Trade Organization on December 1, 21, and implemented the Agreement on Trade-related Intellectual Property Rights to protect the intellectual property rights of natural persons, legal persons or other organizations at home and abroad. Without the protection of intellectual property rights, China cannot participate in world trade activities.
Just answer the first sentence of each paragraph, depending on your situation.
Question 2: What is the significance of protecting intellectual property rights? (1) Protecting intellectual property rights is conducive to mobilizing people's enthusiasm for scientific and technological research and literary and artistic creation. The intellectual property protection system is dedicated to protecting the intellectual achievements of right holders in the fields of science, technology and culture. Only by giving timely and comprehensive protection to the intellectual achievements and legal rights of obligees can people's creative initiative be mobilized and the optimal allocation of social resources be promoted. (2) Protecting intellectual property rights can bring huge economic benefits to enterprises and enhance their economic strength. The exclusivity of intellectual property rights determines that enterprises can be invincible in the market only if they have independent intellectual property rights. More and more enterprises are beginning to realize the great role of intangible assets such as technology, brands and trade secrets, and how to make these intangible assets gradually increase in value depends on the reasonable protection of intellectual property rights. (3) Protecting intellectual property rights is conducive to promoting foreign trade and attracting foreign businessmen and foreign investment. China joined the World Trade Organization on December 1, 21, and implemented the Agreement on Trade-related Intellectual Property Rights to protect the intellectual property rights of natural persons, legal persons or other organizations at home and abroad. Without the protection of intellectual property rights, China cannot participate in world trade activities. Although it is easy to ask questions, it is not easy to answer them hard. I look forward to "a favorable comment"! And learn and cherish!
question 3: how to protect intellectual property rights? Mankind has entered the 21st century. In this promising new century, science and technology, literature and art are developing at a high speed and will achieve more brilliant achievements. With the advent of information society and knowledge economy, the contradiction between the protection of intellectual property rights and the development of economy, science and technology and culture, and the contradiction between developed countries and underdeveloped countries is becoming increasingly prominent. At the same time, the intellectual property system will also play an increasingly important role in promoting economic development, scientific and technological progress and cultural prosperity.
China'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 legal basis for intellectual property protection of various enterprises.
I. patent protection
There are three types of patents, namely, invention patents, utility model patents and design patents. The patent right enjoyed by the patentee mainly includes the right to manufacture, the right to use, the right to promise to sell, the right to sell, the right to import, the right to transfer and the right to license. Patent right also includes prohibition right, waiver right and marking right. The invention patent is protected for 2 years, and the protection period of utility model and design is 1 years.
Applying for a patent has the following advantages:
1. Obtaining the monopoly right: The patentee can directly prevent the corresponding competition of business competitors and can obtain higher profit returns.
2. Earn royalties: Even if there is no immediate need for a patent in the market, it is very likely that people will notice the use of the patent in the future and be willing to pay royalties. Xerox invented the graphical user interface in the United States, 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. It is preliminarily estimated that Xerox has lost nearly $1 billion in royalties in vain. On the other hand, IBM.
3. As a defense shield: If the inventor fails to apply for a patent at the first time, competitors will beat him to it. At that time, all the efforts made by the inventor in research and development will be wasted, and the inventor himself will not be able to use his own scientific research results.
4. Assist in developing foreign markets: At present, more than 17 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, so as to protect themselves from being involved in infringement lawsuits, and then they will be willing to trade.
5. Overcome 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 highly competitive market, small enterprises can completely get patented new inventions to beat the leading products set up by large enterprises with huge advertisements.
6. increase the value of the enterprise: if a third party is willing to invest in a company, if the company has a number of valuable patents, the company's share price will be greatly increased. In 1997, Microsoft bought a small company with less than 6, users for $425 million, and the purchase price was 4 times the average price in the industry calculated by the number of users. Microsoft was willing to pay at this share price because it held 35 important patents for transmitting TV content through the Internet.
7. It is beneficial to the scientific and correct decision-making of enterprises: through patent analysis, enterprises can understand the scientific and technological trends, industry trends, market trends, and new product trends, and then make predictions, formulate their short-,medium-and long-term development plans, and determine which products they develop to occupy the market, maintain their leading position and expand their market share.
II. Trademark Protection
According to the Trademark Law of the People's Republic of China, commodity trademarks, service trademarks, collective trademarks and certification trademarks can apply for registration in China and obtain the exclusive right to use trademarks. Trademark logo can be text, graphics or combination.
a commodity trademark refers to a trademark used on commodities produced, manufactured, processed, selected and distributed.
service trademarks refer to trademarks used by service providers to distinguish their services from those provided by others.
a collective trademark refers to a trademark used by members of industrial and commercial groups, associations or other collective organizations on goods or services to show that the operators or service providers of goods belong to the same organization, so as to distinguish them from the goods or services provided by non-members.
a certification trademark refers to a trademark that is controlled by an administrative organ, organization or its designated institution with control and testing capabilities and used by others on goods or services to prove the origin, main raw materials, manufacturing methods, quality, accuracy and other specific qualities of goods.
The trademark protection period is 1 years, during which there is no fee, and it can be renewed after 1 years. Trademark registration has the following advantages:
1. It is widely used in China ... > >
question 4: the importance of protecting intellectual property rights. in the era of knowledge economy, intellectual property rights, as a strategic resource for an enterprise and even a country to improve its core competitiveness, have shown unprecedented importance.
intellectual property rights are the exclusive rights that individuals or collectives enjoy according to law for their spiritual wealth created in the fields of science, technology, literature and art. Intellectual property is an intangible property right. Due to the rapid development of global science and technology and economy, the scope and content of intellectual property protection are constantly expanding and deepening, which constantly puts forward new topics for intellectual property legal system and theoretical research. The concept of intellectual property is the basis of legislative activities, judicial practice and theoretical research on intellectual property, and it is a problem that must be clarified. Therefore, intellectual property is not only a dynamically developing concept and an urgent field to be further studied. It is necessary for us to study the concept of intellectual property, and with the study of it and other issues, we will continue to clarify a series of theoretical issues in the field of intellectual property and guide the practice of intellectual property legislation, justice and administrative law enforcement. The legal system and theory of intellectual property rights in China are gradually established and constantly improved
Due to the development of international economic and cultural exchanges, the regionality of intellectual property rights has been unprecedentedly impacted, and the legal relationship of intellectual property rights has become increasingly international, which is mainly manifested in a large number of foreign-related factors in subject, object and content. The subject of the legal relationship of intellectual property rights refers to those who enjoy rights and assume obligations according to the intellectual property law, including individuals, collectives, legal persons, partnerships, etc. From the perspective of international exchanges, there are both Chinese and foreigners. It is very common that foreigners enjoy intellectual property rights in China and Chinese people enjoy intellectual property rights in foreign countries. The object of intellectual property legal relationship refers to the object to which the rights and obligations between the subjects of intellectual property relationship point. Intellectual property rights can be divided into two categories: one is industrial property rights, including patent rights (invention patents, utility model patents and industrial designs); Trademark rights (trade marks, service marks and manufacturing marks). Industrial property right is a broad concept, which includes not only industry and commerce itself, but also agriculture, mining industry and transportation. The other is copyright, also known as copyright, which mainly includes the author's exclusive right to literature, art, music, photography, film, television, computer software and other aspects, as well as the neighboring rights derived from it. The laws protecting intellectual property rights are mainly domestic legislation (patent law, trademark law and copyright law) and international treaties. From the legal point of view, intellectual property has three characteristics: 1. exclusivity, which is also called exclusivity or monopoly. 2, timeliness, it refers to the protection of intellectual property rights by law has a certain protection period, after the effective protection period, this kind of exclusive right will be terminated, and this intellectual achievement will become the wealth of human society. 3. Regionality refers to an exclusive right obtained according to the laws of a country, which is only valid within the territory of that country and protected by the laws of that country, but invalid in other countries, and other countries have no obligation to protect it unless there is a treaty.
as a kind of spiritual wealth and intellectual achievement, intellectual property is fluid. It can flow at home and abroad in many ways, and science, technology, culture and art have no national boundaries. Especially since the 19th century, due to the development of capitalist commodity economy and communication, the exchange of science, technology, culture and art has been promoted on a global scale, and various newspapers, magazines, international academic conferences, scholars' visits, international expositions, television, radio, books and materials, satellite technology and the Internet of computers have appeared, making it easy for an intellectual property right obtained in one country to spread to foreign countries. The fluidity and regionality of this intellectual property right are contradictory, especially for western industrialized countries, strict regionality is very unfavorable to them. Because, on the one hand, they want to send their advanced science, technology, patented products, trademark goods and literary works abroad to occupy the international market. On the other hand, I am afraid that these intellectual achievements will not be protected by law in the host country, and even be used for free, thus increasing my competitors in the international market. Therefore, these rights that they hope to obtain in their own country can also be protected by relevant foreign laws. In this way, the international protection of intellectual property rights has emerged. Today's world is an era of knowledge economy, and the international protection of intellectual property rights is very important. In addition to protecting foreign-related intellectual property rights through domestic laws, some countries and international organizations have signed and formulated many international conventions on intellectual property protection. At present, the international conventions for the protection of intellectual property rights mainly include: (1) Paris Convention for the Protection of Industrial Property (hereinafter referred to as "Paris Convention"), which does not provide a set of uniform application for the contracting States ..... >; >
question 5: on the importance of strengthening the protection of intellectual property rights, which plays a very important role in promoting the development of enterprises.
1. Strengthening the protection of intellectual property rights can ensure the business safety of enterprises. Enterprises, especially scientific and technological enterprises, are mostly at the forefront of scientific and technological innovation, and produce products suitable for market demand through scientific and technological research and development. Strengthening the protection of intellectual property rights can enable enterprises to enjoy the market benefits brought by intellectual property rights exclusively, avoid the loss of intellectual property rights, avoid the risk of infringement and ensure the business safety of enterprises.
2. Strengthening intellectual property rights can ensure the safety of R&D investment of enterprises. When conducting scientific research projects and independent research and development, enterprises can know the intellectual property status of their fields in time through the analysis and utilization of intellectual property information, so as to avoid infringing on the prior rights of others, resulting in "ineffective" research and development and wasting manpower, material resources and financial resources.
3. Strengthening the protection of intellectual property rights can increase the added value of products in the market. By producing and selling independent intellectual property products, enterprises can enhance their corporate image, enhance their market competitiveness, and even gain the right to speak on market pricing.
4. Strengthening the protection of intellectual property rights can enhance the position of enterprises in joint ventures and business negotiations. Enterprises can use independent intellectual property rights to increase capital and share, pledge financing, license use, establish industrial alliances, etc., and improve their position in joint ventures and business negotiations.
question 6: what is the role of intellectual property protection in innovation and development? while increasing intellectual property protection, it is more important to enhance the ability of independent innovation and enhance the ability of intellectual property creation and application. In this regard, I think it is a problem that needs to be solved in the longer-term development of our country. Under the new situation, intellectual property is the basis and measure of independent innovation, and it is also an important means of market competition. An important foundation of knowledge innovation or independent innovation is to have new ideas, new ideas and new inventions. This is often reflected through intellectual property rights, including the creation of a new brand. These things are first expressed in the form of intellectual property rights, and then they are transformed into products needed by a market through investment, research and development, and the whole process of innovation is completed through marketization and industrialization. In this process, intellectual property is a foundation, a source and an important indicator to measure independent innovation. Including how to measure innovative countries, the quantity and quality of intellectual property owned by Chinese people is also a very important symbol.
in terms of institutional innovation, intellectual property rights are also a foothold. With the development of market economy and productivity, intellectual property system is a legal system that regulates and manages intangible property, and it also includes some supporting policies and measures. In this regard, after China's reform and opening up, the whole innovation process is ensured to proceed smoothly through a legal system that is compatible with the market economy system. In the process of formulating intellectual property strategy, let it better serve independent innovation, serve the adjustment of industrial structure and the transformation of growth mode in our country, and gradually