Has anyone received an investigation call from China Internet Information Center?

China Internet Information Center, what's the use of registering this thing?

Today, a person who claimed to be China Internet Information Center called and said that a person named Xiao Dongqiang wanted to register the name of our company on the Internet and asked us whether we should protect our so-called intellectual property rights on the Internet. If we want to protect it, we have to pay a fee of 8,4 yuan. If we don't need protection, we will register it with that person named Xiao Dongqiang. So, I want to know, if we don't protect it, we will be right. Is this a mandatory behavior?

Then I'd like to know again. The other party said that if we don't protect our company name with intellectual property rights, a second party has registered our company name. When we open our company name on the Internet in the future, it will not be our company's website, but the second party's website. Will this really lead to such consequences? Shall I answer it?

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In the name of Internet information center, some illegal companies called some companies that didn't know the inside story to defraud you of your money. He just registered a Chinese name such as "Universal Website" for you, which has nothing to do with intellectual property rights.

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 protected nationwide and no one else can use it.

2. A registered trademark is the most important intangible asset of an enterprise, which can be passed down to future generations and can be transferred and inherited as property investment, mortgage, etc.

3. Products are easy to be sold in large shopping malls or supermarkets. More and more large shopping malls or supermarkets only allow goods with registered trademarks to enter.

4. Most consumers think that the quality of goods with registered trademarks is more reliable and easy to win the trust of consumers.

5. avoid the trademark that has been painstakingly designed being registered by others first. Because China implements the principle of "application first" for the same trademark registration application, the application in the latter is not only not allowed to register the trademark, but also is not allowed to be reused, otherwise it will constitute infringement.

6. Avoid unintentional infringement and pay huge compensation. The new judicial interpretation stipulates that the amount of compensation shall be decided by the infringed person.

Third, copyright protection

At present, copyright is mostly used to protect computer software at home and abroad. In China, the "computer software registration method" is especially used to protect software with independent intellectual property rights. Software registration has many advantages:

1. Registered software will announce the owner, development time, completion time, name and content, and there is a clear basis for disputes, which can clarify the ownership of the software and avoid unnecessary ownership disputes caused by job-hopping. It can also be said that software registration is the premise of administrative handling or legal proceedings for software rights disputes.

2. The authorization is quick, and the certificate can be obtained in about two months. The copyright protection time is long, and the protection period is 5 years.

3. The registered software does not disclose the software program, and only when there is infringement will it be used as the basis for the determination of infringement, so the confidentiality is excellent.

4. The scope of protection is wide, which can be effectively used as the basis for the determination of infringement.

5. The cost is low, and only one-time payment is required, and no annual fee is required.

Appendix: 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 infringing intellectual property rights is listed separately. Prior to this, China's laws and regulations on intellectual property protection had listed that criminal responsibility should be investigated by referring to the relevant provisions of the Criminal Law. This revision of China's criminal law shows that China has strengthened the protection of intellectual property rights.

The relevant provisions in the new criminal law are as follows:

1. Whoever uses the same trademark as the registered trademark on the same commodity without the permission of the registered trademark owner, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the circumstances are especially 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. Whoever 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 only be fined; If the sales amount is huge, 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.

3. Whoever forges or manufactures another person's registered trademark logo without authorization or sells a forged or manufactured registered trademark logo without authorization, 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 shall only be fined; If the circumstances are especially 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.

iv. counterfeiting another person's patent, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years.

5. Whoever, for the purpose of making profits, commits one of the following cases of copyright infringement, and the amount of illegal income is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, 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:

(1) Reproduction and distribution of written works, music, movies, television and video works, computer software and other works without the permission of the copyright owner;

(2) publishing books with exclusive publishing rights enjoyed by others;

(3) reproducing and distributing audio and video recordings made by the producer without the permission of the producer;

(4) producing or selling works of art with forged signatures of others.

6. Whoever knowingly sells infringing copies of the above provisions for profit, and the amount of illegal gains is huge, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined.

VII. Whoever commits one of the following acts of infringing on trade secrets and causes heavy losses to the obligee of trade secrets shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If especially serious consequences are caused, 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:

(1) obtaining the business secrets of the obligee by theft, inducement, coercion or other improper means;

(2) disclosing, using or allowing others to use the business secrets of the obligee obtained by the preceding means;

(3) disclosing, using or allowing others to use the business secrets in their possession in violation of the agreement or the obligee's requirements on keeping business secrets.

knowing or should know the acts listed in the preceding paragraph, acquiring, using or disclosing other people's trade secrets is regarded as infringement of trade secrets.

the above-mentioned trade secrets refer to technical information and business information that are not known to the public, can bring economic benefits to the obligee, are practical and have been kept confidential by the obligee.

the above-mentioned obligee refers to the owner of the trade secret and the user of the trade secret with the permission of the owner.

in addition, if a unit commits any of the above-mentioned crimes, it will be fined, and the directly responsible person in charge and other directly responsible personnel will be punished according to the above-mentioned provisions.

so if you call again, you can ignore it!

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Comments (21)?

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aikono?

27-1-17

Never mind, I scared you and made you pay! Actually, this is useless.

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