Nowadays, intellectual property rights are inseparable from the development of enterprises. Many enterprises have their own strategic layout of intellectual property rights. However, intellectual property rights include trademarks, patents, software, copyrights, etc. Which one should be used? How to protect intellectual property rights?

Trademarks make brands strong

A trademark is a sign that distinguishes the source of goods or services and is the core expression of a corporate brand. After a trademark is approved for registration, it is subject to legal Protection is conducive to building a high-profile brand and forming a fixed consumer group.

Patents make innovation more valuable

Simply put, patents refer to inventions and creations protected by law. Including three types of invention patents, utility model patents and design patents.

For example, a designed product outer packaging can apply for appearance patent protection; any proposal for the shape, structure or combination of the product New technical solutions that are suitable for practical use can apply for utility model patents; the production method and manufacturing process of a certain product can apply for invention patents.

Prevent plagiarism in copyright-protected works

Copyright means authorship, which refers to the rights that authors of literary, artistic, and scientific works have over their works (including property rights and personal rights). Works that can be protected by copyright include novels, poems, essays, papers and other written works; lectures, speeches , sermons and other spoken works; musical works with or without lyrics; drama or musical drama works; pantomime and dance art works, paintings, calligraphy, sculptures and other fine arts works; applied art works; architectural art works; photographic art works; movies Works, etc.

Today we will focus on understanding copyright, that is, copyright.

Copyright is the legal right of a certain unit or individual to a certain work. The right to print, publish and sell. Anyone who wants to copy, translate, adapt or perform must obtain the permission of the copyright owner, otherwise it will be an infringement of the rights of others.

The role of copyright registration

Copyright, also called copyright in Chinese law, automatically arises from the date the work is created. Like most countries in the world, my country implements voluntary copyright registration. The rights are automatically generated and exercised by the copyright holder. Copyright brings great convenience, but at the same time it also brings insecurity to the right holder.

The establishment of the registration system is to provide a legal system for the creation of works. The original information and the basic information on changes in rights shall be recorded and publicized, and used as preliminary evidence that the copyright holder has the rights, thereby providing security measures for the copyright holder to enjoy and exercise the copyright.

In October 2002, the Supreme People's Court issued the "Interpretation on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over Copyright". Article 7 of the Interpretation stipulates: "The copyright registration certificate provided by the parties may be used as evidence," further clarifying The effectiveness of the copyright registration certificate has been reduced.

As the commercial value of copyright has become increasingly prominent, there have been more and more disputes in the field of copyright. It can be said that the role of copyright registration has become increasingly significant.

Benefits of copyright registration

Taking the copyright registration of works other than software that the Copyright Registration Department is responsible for as an example, the benefits of obtaining a work copyright registration certificate generally include:

1. When a copyright dispute occurs, it is a powerful weapon to assert rights. As a preliminary proof of copyright ownership, unless there is other contrary evidence that is sufficient to overturn the contents of the copyright registration certificate, judicial and administrative or other competent authorities can accept the matters recorded on the copyright registration certificate, thereby greatly reducing the difficulty of proof for the relevant right holders;

2. When conducting copyright transactions such as copyright transfers and licensing, as a Proof of rights can improve the security of the transaction and is conducive to the smooth completion of the transaction;

3. When the copyright pledge is used for financing, it is an important material for the pledge registration in the statutory part of the pledge financing, and is also an important material for the evaluation of the evaluation agency. writings

An important document proving the value of the copyright;

4. As a proof of rights, it is usually a prerequisite for the copyright holder to initiate anti-piracy and rights protection actions. At present, the registration certificate of the copyright of a work is widely used on e-commerce platforms. A valid certification document for copyright ownership;

5. It is a certification document required by other judicial or administrative agencies. For example, as a certification document for judicial agencies such as the Public Security Bureau, the Public Security Bureau, the Procuratorate, and other judicial agencies, copyright and related administrative management Registration certificates with agencies (such as customs), certificates of the company’s listed capital, documents proving foreign exchange payments authorized to play overseas movies, TV series and other works, etc.;

6. Policy preferences or subsidies can be obtained. According to the central or According to some local and regional industrial policies, corporate copyright holders can enjoy policy preferences or support in tax concessions, financial subsidies, high-tech enterprise certification, etc.;

7. As a certificate issued by a national authoritative department, It is a symbol of the competitiveness of the right holder, a manifestation of the company's innovative strength, and can enhance the company's effective competitiveness in the market;

8. When evaluating professional titles, certificates issued by national authoritative departments can be used as Document proving an important innovative achievement of the copyright owner.

Summary

From the perspective of corporate development strategy, companies need to carefully analyze their own needs and then select trademarks and patents based on their needs. , Multi-party layout in copyright can make intellectual property play its greatest role.