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How companies protect intellectual property rights

How companies protect intellectual property rights:

1. Carry out overall planning and effective management of the company’s intellectual property rights;

The company’s business activities may involve different forms Intellectual property rights, such as patent rights, trademark rights, copyrights (especially computer software copyrights), trade secrets, domain names, etc. Therefore, it is recommended that the company plans and manages the intellectual property rights involved:

(1) The company can assign a dedicated person to be responsible for the management of intellectual property rights, list the details, and establish files;

(2) ) Classify intellectual property rights according to their actual value creation, importance to company development, maintenance costs, etc.;

(3) Establish intellectual property data platforms, such as Chinese and foreign patent databases, Chinese science and technology journal databases, Chinese and foreign standard databases, etc., to grasp the latest data information at home and abroad in a timely manner to avoid the waste of company capital caused by repeated research and the infringement of other intellectual property rights holders;

(4) Comprehensive use of intellectual property protection corporate interests. Intellectual property rights cover a wide range. When signing a contract or encountering a dispute, sometimes it is difficult to effectively protect the company's rights and interests by asserting one right. In this case, several rights need to be exercised together, which can often achieve satisfactory results. .

2. Take different protection measures for different types of intellectual property rights.

Based on analyzing the costs and expected benefits, the company should hire a professional agency as soon as possible for intellectual property rights that may have a significant impact on the company, such as trademarks, patents, copyrights, domain names, etc. Apply to best protect your company's interests. In the process of cooperating with other units or individuals, it is necessary to make detailed provisions on the ownership, scope of use, term, distribution of subsequent research and development results, etc. of the intellectual property rights involved, and sign relevant legal documents.

What does the scope of intellectual property include:

1. Intellectual property includes trademark secrets, copyrights, patents, trademarks, trade names, designations of origin, as well as new plant species rights, industrial designs and Exclusive rights to integrated circuit layout design, etc.;

2. Trademarks, patents, copyrights, trade names, etc. are commonly used in daily life. These are all intangible assets, but they are obviously valuable. Rather, rights need to be recognized by law.

To sum up, most intellectual property rights must be corresponding and must be registered with relevant national departments before they can be protected by law. Similar to an enterprise's patent rights, if the so-called patent rights have not obtained relevant certificates at all, then no matter what kind of agreement is signed within the enterprise, such patent rights will not be protected by law at all.

Legal basis:

Article 65 of the Patent Law of the People's Republic of China

Utilizing the patent without the permission of the patentee , that is, if the patent rights are infringed and disputes arise, the parties shall resolve the dispute through negotiation; if they are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit in the People's Court or request the patent management department to handle it. When the patent management department handles the case, if it determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may, within 15 days from the date of receipt of the handling notice, comply with the "Administrative Litigation of the People's Republic of China and the People's Republic of China" Law of the People's Republic of China; if the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the patent management department may apply to the People's Court for compulsory enforcement. At the request of the parties concerned, the handling patent management department may mediate the amount of compensation for infringement of patent rights; if mediation fails, the parties concerned may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.