How to improve the linkage work system of people s mediation, administrative mediation, and judicial

1. Understand the main purpose, development direction, main products, main markets and main opponents of the enterprise.

2. Establish a strategic plan for intellectual property work and formulate an annual work plan for intellectual property rights. (including annual IP application indicators, annual cost budgets, annual training and related market research, etc.).

3. Establish intellectual property ledgers: patent ledgers, trademark ledgers (more complex enterprises also have copyright ledgers and intellectual property dispute ledgers).

4. Process control: mainly contract review (can not let the enterprise suffer in the contract, the contract intellectual property clauses need to be added, such as the exemption clause in the labor contract, the exemption clause in the procurement contract, the sales area clause in the sales contract and the strict counterfeiting statement, etc., the technology and development contract should clarify the ownership of rights and the distribution of benefits, of course, this piece of reality is rarely attributed to the intellectual property mouth, many people in the legal department are doing it, but they don't understand, and the intellectual property department needs to explain it to them clearly). Then there is the R & D control, which varies according to the specific details of the enterprise, and it is not a few words to say clearly, in addition, you know how to do it, and you can't do it if the technology is not a bird, and management is a coordinated job.

5. Establish a prototype of a patent database (this one needs the cooperation of the market side, summarize several major competitors, such as enterprise leaders, regional leaders and those close to the enterprise, and then search for its patent information from the patent search of the State Intellectual Property Office, note that it may be after changing the name, so this work is easy to miss, and it is easy to use the CEO of the enterprise as the patentee if it is not standardized).

To put it simply, the patent ledger must be done, applying, authorizing, and paying annual fees, which is basic, and if you do this well, you will be worthy of the boss even if your intellectual property salary is not in vain. As for what I said earlier, I have made a trade-off here based on the provincial standard of Jiangsu Province. Intellectual property work is divided into two parts, the foundation and the strategy, the foundation is what our clerks do, that is, maintenance and information collection, and the strategy is done by the decision-making level, and no one listens to the clerks and no one dares to use them.

Specific sample templates.

The three-tone linkage mediation mechanism is an organic combination of people's mediation, judicial bureau mediation, and administrative mediation, and comprehensively uses legal, policy, administrative and other means and education, consultation, and guidance to give full play to the important role of mediation in maintaining social stability, resolve contradictions at the grassroots level, solve them in the bud, minimize discordant factors, and promote social harmony and stability. The specific process includes: 1. Pre-litigation mediation 2, entrusting mediation during litigation 3, absorbing people's mediators to participate in litigation mediation 4, and implementing joint mediation.

The differences between people's mediation and judicial mediation are: 1. The nature of mediation is different. Judicial mediation is a statutory litigation procedure, which is mediation within the hand-drafted litigation; People's mediation is not a necessary procedure for litigation, but a non-litigation Bixiao mediation activity.

2. The scope of mediation is different. The scope of judicial mediation is all civil and criminal private prosecution cases before the courts. The scope of people's mediation is mainly limited to civil disputes.

3. The effect of the agreement on mediation is different. Once an agreement is reached, judicial mediation will have the same legal effect as the court judgment, and will be legally binding and coercive on both parties. Agreements reached through people's mediation are legally binding, but do not have the effect of enforcement.

Article 60 of the Administrative Litigation Law of the People's Republic of China: People's courts hearing administrative cases do not apply mediation. However, cases of administrative compensation, compensation, and the exercise of discretionary powers provided by laws and regulations by administrative organs may be mediated. Mediation shall follow the principles of voluntariness and legality, and must not harm the national interest, the societal public interest, or the lawful rights and interests of others.