As the old saying goes: Flies don’t stare at seamless eggs. When companies encounter intellectual property infringement disputes, they still need to find the reasons within themselves. Reasons

The author has summarized the reasons.

Due to historical reasons, there are few companies with independent intellectual property rights, most products are positioned as primary products, and "OEM" production is common, which will inevitably provide some malicious infringers with a viable solution. Take advantage of the opportunity. There are also some companies that want to have their own products, but the market is difficult to predict, so they want to use OEM products to test the market; companies that sell OEM products have the business initiative in the hands of others, and often cooperate with them when the development momentum is good. If a dispute arises, not only will the company suffer losses, but its own products will be diluted due to the loss of its flagship product, and its ability to develop and innovate will gradually be lost, which will restrict its long-term development.

Secondly, most companies do not have core technologies with independent intellectual property rights.

Only 3 out of 10,000 enterprises in my country have core technologies with 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 by Chinese enterprises has increased significantly in the past two years, most of them are limited to design and utility model patents, and the number of patents obtained in the international market is very low. Compared with developed countries, Hong Kong and Taiwan, there is a distribution gap. Problems such as insufficient coverage and unreasonable structure.

From within the company, there is no internal management system for intellectual property rights, which is a flaw for the development of the company.

According to a special survey, there are more than 200 companies that have established internal intellectual property systems, accounting for nearly 50% of the effective samples. Companies are establishing or have not established internal intellectual property management systems at all, let alone Effective systems are fixed in the form of laws. Although some companies have management agencies responsible for intellectual property rights, most of them work part-time for other departments. Many companies focus on training employees' production skills, but ignore the education of employees on intellectual property rights. There are no clear regulations on rewards for developing intellectual property rights. Many small and medium-sized enterprises generally have small business scale and irregular management.

There are many external factors that cause enterprises to fall into the vortex of intellectual property infringement.

Due to domestic and foreign criminals and some "veterans" in patent operations of multinational groups, they take advantage of the current loopholes in my country's patent laws and plunder patented scientific and technological achievements in the name of patent infringement, infringing on the intellectual property rights of enterprises and causing enterprises to suffer losses. Huge economic losses; even strangle our country's innovative growth enterprises. Therefore, despite the risks associated with malicious infringement litigation, cases of fake patent infringement and corporate intellectual property infringement continue to occur, affecting the harmonious development of companies. Faced with this situation, on the one hand, the government and the judiciary do not have sufficient administrative and legal deterrence against malicious infringement of enterprises and individuals; on the other hand, the judicial utilization rate of enterprises in intellectual property disputes is low. Because intellectual property administrative litigation is time-consuming and the cost of legal aid is high, companies lack confidence in seeking justice through administrative and judicial channels. Prevention Strategies

Enterprise intellectual property disputes directly involve the interests of the infringer and the infringed party, and also expose obvious flaws in the harmonious protection mechanism of corporate intellectual property rights in our country. Practice has shown that improving the harmonious protection mechanism of corporate intellectual property rights in my country and curbing the occurrence of infringement disputes are of great significance to enhancing corporate intellectual property creation, management, protection and application capabilities, promoting the scientific development of enterprises and building a harmonious society. The following countermeasures can be taken to prevent intellectual property infringement disputes: First, improve corporate competitiveness through technological innovation.

It should be clear that the development prospects of our country's enterprises are to create their own brands and improve their competitiveness through technological innovation; for small and medium-sized enterprises, independent research and development and innovation are not easy. However, it will be difficult for small and medium-sized enterprises to become stronger if they just imitate. Mike Jammel, President of Haier Group (USA), feels this even more deeply. He said: "Imitation cannot win the market. You must have original features that are favored by consumers." Only the unique innovation of an enterprise is impossible for others to imitate. Only in this way can the competitiveness of enterprises be formed.

At present, although my country does not have special regulations on malicious litigation of intellectual property rights, judicial organs have taken measures at the institutional level. For example, the Supreme Court's two judicial interpretations on temporary injunctions before patent and trademark litigation and its approval on "actions to confirm non-infringement" have all played a positive and effective role. At the same time, when revising the Patent Law, my country should add provisions for criminal crackdowns on malicious infringement. Malicious infringers who cause significant economic losses to patentees should be held legally accountable for their criminal liability, as well as for financial compensation and confiscation of their illegal gains; The exemption clause stipulates that non-malicious infringements that are inadvertently involved in patent infringement and are promptly stopped after being notified can be exempted from penalties and compensation through administrative mediation. Thus, we can achieve the harmonious development of our country's enterprises, strengthen the protection of corporate intellectual property rights, and improve the level of corporate intellectual property protection.