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How to protect intellectual property rights
legal subjectivity:

First, legislative protection means that the state gives civil subjects intellectual property rights and related spiritual interests through legislation, and gives them legal binding protection. Secondly, administrative protection refers to the administrative actions of the state administrative organs to impose administrative penalties on some serious violations of intellectual property laws by the parties, and to authorize some intellectual property rights to the obligee. Third, judicial protection refers to the protection of intellectual property rights through judicial channels. Fourth, the collective management organization protection of intellectual property rights, that is, the weaker intellectual property rights form an organization to safeguard their own interests and influence, and the organization handles the related matters of intellectual property protection on their behalf. Fifth, the self-relief of intellectual property owners or other interested parties. Intellectual property owners or other interested parties set up departments specializing in intellectual property law or management affairs, formulate intellectual property strategies, and determine a series of specific measures and means to protect intellectual property rights and avoid infringement on others. Sixth, public opinion-oriented protection, through the correct and reasonable public opinion guidance of intellectual property protection, to create a good intellectual property protection atmosphere. Legal objectivity:

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. 1. There are three types of patents for patent protection, 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 from the business competitors, and can obtain a higher profit return. 2. Earn royalties: Even if there is no immediate need for a patent in the market, it is likely that people will notice the use of the patent in the future and be willing to pay royalties. Xerox Company of the United States invented the graphical user interface, but did not apply for a patent. Later, Microsoft Company and Apple Company used the graphical user interface as the basis of their personal computer operating systems. It is preliminarily estimated that Xerox Company has lost nearly $1 billion in royalties in vain. On the other hand, in 21, IBM Company. 3. As a defense shield: If the inventor fails to apply for a patent at the first time, the competitor 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, and many foreign buyers, especially American buyers, will ask 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 predict, 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. Trademark Protection According to the Trademark Law of the People's Republic of China, commodity trademarks, service trademarks, collective trademarks and certification trademarks may apply for registration in China and obtain the exclusive right to use trademarks. Trademark logo can be text, graphics or combination. Commodity trademarks refer to trademarks used in the production, manufacture, processing, selection and distribution of commodities. Service trademark refers to the trademark 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 that 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 is 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, most domestic and foreign countries use copyright to protect computer software. In China, the "computer software registration method" is specially allocated from copyright to focus on the protection of 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 fast, 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 it will only be used as the basis for infringement identification when there is 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. 1. The 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 fast, 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 it will only be used as the basis for infringement identification when there is 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.