How to do a good job of intellectual property rights, how to intellectual property rights

Party A shall guarantee that the goods provided by Party A do not have any intellectual property defects. In case of any dispute arising from the infringement of the patent right, trademark exclusive right, copyright, trade secret or other rights and interests of Party A by Party A or its contractor, and causing economic losses to Party B, Party A shall bear all responsibilities and bear all kinds of expenses incurred thereby.

A stool belt) patent application. To obtain creative results through independent innovation, the applicant should submit the application documents to the State Intellectual Property Office, and if the conditions are met, the patent can be obtained.

2) Trademark registration. The applicant shall file an application for trademark registration with the local trademark office in accordance with the law, and shall specify the scope of the registered class when applying for trademark registration.

4) Application for protection of geographical indications. First, apply to the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China for product protection and application, and then register the certification trademark with the Trademark Office.

5) Employing measures for trade secrets.

Enterprises and institutions may adopt various functions such as signing confidentiality agreements or non-competition agreements with employees, stipulating confidentiality clauses in job responsibilities, and stipulating confidentiality clauses in project assignments, so as to maintain the confidentiality and economic nature of technical information and business information as trade secrets.

1. What are the ways to protect intellectual property rights?

1) Through the administrative protection of intellectual property rights.

1) Administrative protection of patent rights:

The State Intellectual Property Office and local intellectual property administrative departments are responsible for administrative mediation of patent disputes.

2) Administrative protection of trademark rights:

3) Administrative protection of copyright:

Intellectual property is an exclusive right recognized and protected by law, and its application mainly includes trademarks, patents, copyrights and other aspects. Intellectual property rights can only be protected by law after the approval is completed, so as to ensure that their legitimate rights and interests are not infringed. In fact, the application of intellectual property rights is conducive to encouraging people to invent and create, which is of great significance for the development and progress of society.

2. Agree on the shareholding ratio according to the market prospect of intellectual property rights.

If, after market analysis and investigation, it is found that the intellectual property can directly determine the future of a company, then the proportion of this intellectual property in the company must be 60 80 Otherwise, it is not cost-effective for the parties. In fact, the main business of many companies may be supported by intellectual property rights, and in this case, the proportion of shares in the agreement on intellectual property rights must be the majority of all shareholders.

The value of the intellectual property is very small, and the agreed shareholding ratio is used.

If the value of intellectual property does not play a decisive role in the future of the company, then it only means that the value of such intellectual property to the company in the future will not be large. At this time, if the parties want to obtain a satisfactory proportion of shares, they need to emphasize the advantages of the intellectual property rights and what kind of value they can bring to the company during the negotiation, so that they can obtain a more appropriate proportion of shares.

Legal analysis: 1. Standardize the basic conditions for enterprise intellectual property management: Enterprises should have clear intellectual property management policies and management objectives. In addition, intellectual property management should be "implemented by leadership, institutions, systems, personnel, and funds".

The intellectual property management system and responsibilities that enterprises should establish 2. Standardize the resource management of intellectual property rights around the human resource management, financial resource management and information resource management of the enterprise. Corresponding norms have been issued for the intellectual property matters involved in the above-mentioned management activities. 3. Standardize the intellectual property management of all aspects of enterprise production and operation, and clearly stipulate the standard requirements for intellectual property management of important links such as enterprise research and development activities, raw and auxiliary material procurement, production, sales, and external development.

In order to ensure that the intellectual property management activities of the main links of the production and operation of the enterprise are under control, to avoid the loss of independent intellectual property rights or the infringement of the intellectual property rights of others. 4. Standardize the operation and control of enterprise intellectual property rights, focusing on the four key links of enterprise intellectual property creation, management, application and protection. It clearly stipulates the normative requirements for enterprises in the creation and acquisition of intellectual property rights, rights management, rights utilization and rights chain protection.

5. Standardize the document management and contract management in the production and operation activities of the enterprise, and all kinds of activities related to intellectual property rights involved in the production and operation activities of the enterprise shall have corresponding records and form archives. In particular, it makes clear requirements for the internal and external contract management of enterprises.

Legal basis: Copyright Law of the People's Republic of China Article 1 This Law is enacted in accordance with the Constitution in order to protect the copyrights of authors of literary, artistic and scientific works, as well as copyright-related rights and interests, to encourage the creation and dissemination of works that are beneficial to the construction of socialist spiritual and material civilization, and to promote the development and prosperity of socialist cultural and scientific undertakings.

1. Patent protection: There are three types of patents, namely: invention patents, utility model patents and design patents.

The main contents of the patent rights enjoyed by the patentee include the right to manufacture, the right to use, the right to offer to sell, the right to sell, the right to import, the right to transfer and the right to license. Patent rights also include the right to prohibit, the right to renounce, the right to mark, etc. Invention patents are protected for 20 years, and utility models and designs are protected for 10 years.

2. Trademark protection: Commodity trademarks, service trademarks, collective trademarks and certification trademarks can be applied for registration in China to obtain the exclusive right to use trademarks. The trademark backstop mark may be text, graphic or a combination.

1. How long is the timeliness of intellectual property rights?

The timeliness of intellectual property rights is as follows: the term of invention patent right is 20 years, the term of utility model patent right is 10 years, and the term of design patent right is 15 years. A registered trademark is valid for ten years.

The right of authorship, the right of modification, and the right to protect the integrity of the work in copyright are not restricted. The term of protection of the right of publication and the property right of the work of a natural person is the life of the author and 50 years after his death.

2. How to deal with the expiration of the invention patent.

If the term of the invention patent has expired, the patent shall be terminated and the protection shall end. At the same time, the patentee's exclusive right to use the technology does not exist, and the invention has become a social wealth that anyone can use for free.

Article 42 of the Patent Law stipulates that the term of a patent right for invention shall be 20 years, the term of a patent right for utility model shall be 10 years, and the term of a patent right for a design right shall be 15 years, all of which shall be calculated from the date of filing.

If the patent right is granted after four years from the date of application for the invention patent and three years after the date of the request for substantive examination, the patent administration department shall, at the request of the patentee, compensate the patent right for the unreasonable delay in the process of granting the invention patent, except for the unreasonable delay caused by the applicant.

In order to compensate for the time taken up by the new drug marketing review and approval, the patent administration department shall compensate the patent right term at the request of the patentee for the leakage of invention patents for new drugs that have obtained marketing authorization in China. The compensation period shall not exceed five years, and the total effective patent term after the approval of the new drug shall not exceed 14 years.

Article 11 of the Patent Law of the People's Republic of China After a patent right for invention or utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, offer to sell, sell or import its patented products, or use its patented process, or use, offer to sell, sell or import products directly obtained in accordance with the patented process for production and business purposes. After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not manufacture, offer to sell, sell or import its design patented products for the purpose of production and operation.

For the protection of intellectual property rights, the first step is through administrative protection, that is, the administrative department for industry and commerce, the patent administration department, and the National Copyright Administration shall impose administrative penalties on their infringement of property rights; secondly, through judicial protection, to file a lawsuit against infringement in a court of competent jurisdiction; Again, through the online rights protection channel.

Legal basis] Article 3 of the Trademark Law of the People's Republic of China.

Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks, and certification trademarks; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

For the purposes of this Law, a collective trademark refers to a sign registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.

For the purposes of this Law, the term "certification mark" refers to a mark controlled by an organization that has the ability to supervise a certain kind of goods or services, and is used by an entity or individual other than the organization for its goods or services to prove the origin of the goods or services, the raw materials, the manufacturing method, the quality or other specific qualities of the goods or services.

Article 3 of the Patent Law of the People's Republic of China.

The patent administration department is responsible for the management of patent work throughout the country; Uniformly accept and examine patent applications, and grant patent rights in accordance with the law.

The departments of provinces, autonomous regions and municipalities directly under the Central Government in charge of patent work shall be responsible for the administration of patents within their respective administrative regions.

The protection of intellectual property rights is mainly carried out in the following aspects: 1. Timely registration of trademarks and patent applications, and obtaining the exclusive right to use trademarks and patent rights. 2. Actively handle the filing of intellectual property rights by the Customs, participate in the opposition or dispute procedures in the trademark and patent examination process, and make full use of the various means of protection provided by the law.

3. Implement the brand strategy, improve the construction of enterprise patent and trademark management system, and establish an effective talent incentive mechanism. Strengthen the construction of talent team and improve the talent support system for the construction of brand jujube chain. Further improve the talent policy, through the training, introduction and employment of senior talents in brand management, technological innovation and other aspects; Take brand knowledge and brand management as the strategic goal of the long-term development of the enterprise, enhance the brand awareness of business operators, and give full play to the important role of professionals in brand creation, brand management and brand promotion; Through cooperation with colleges and universities and relevant institutions, we will carry out training on brand knowledge, brand management and related laws and regulations, so as to improve the ability of enterprises to create brands and the level of brand operation.

At the same time, the company should take the implementation of brand strategy as an important resolution of the company in the form of the company's strategy meeting and implement it in various departments; Through the establishment of patent and trademark management systems, independent innovation, product research and development, and the reconstruction of intellectual property advantages, all consolidate and protect their own intangible assets.

Legal basis: Article 3 of the Trademark Law of the People's Republic of China The commercial distribution Yanhu mark approved and registered by the Trademark Office is a registered trademark, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law. For the purposes of this Law, the term "collective trademark" refers to a sign registered in the name of a group, association or other organization for use by the members of the organization in commercial activities to indicate the user's membership in the organization.

For the purposes of this Law, the term "certification mark" refers to a sign controlled by an organization that has the ability to supervise a certain kind of goods or services, and is used by an entity or individual other than the organization for its goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services. Special matters concerning the registration and management of collective trademarks and certification marks shall be prescribed by the administrative department for industry and commerce.

1. Establish and improve the intellectual property protection system in line with international standards. Actively participate in the formulation of domestic and foreign technical standards, formulate corresponding intellectual property application strategies, and continuously improve the ability of independent innovation;

2. Build an effective intellectual property protection service system. Establish a unified national market for technology property rights trading, and introduce unified national laws and regulations. Establish a sound property rights evaluation agency for technological innovation;

3. Strengthen the management of intellectual property rights, improve the utilization rate of existing intellectual property rights, and enhance the ability to introduce, digest, absorb, re-innovate and integrate core technologies;

4. Pay attention to technology research and development, and constantly develop new products to adapt to the market and customers. increase investment in technology development to ensure the investment of R&D funds;

5. Implement the strategy of technical standards, and strive to improve the technical added value and quality level of the brand. As an important indicator to measure a country's production capacity, standards play an important role in standardizing the quality level and guiding technological development;

6. Implement brand strategy and establish an effective talent incentive mechanism. Strengthen the construction of the talent team, and improve the talent support system for the construction of the Spring Bureau of the brand shirt belt.