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According to the proposal on the proposal submitted for consideration to the reform of the first institution, improve the management system of intellectual property rights. Accelerate the construction of an intellectual property power, comprehensively improve the creation, application, protection, management and service level of intellectual property rights, and adjust the State Intellectual Property Office from a national bureau managed by the State Administration for Market Regulation to a first-class institution directly under the State Administration for Market Regulation. The responsibility for law enforcement in the fields of trademarks and patents will continue to be undertaken by the comprehensive law enforcement team for market regulation, and the relevant law enforcement work will be subject to the professional guidance of the State Intellectual Property Office.
Beijing**client**Xinhua News Agency Weibo report.
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The management of intellectual property rights refers to the administrative and judicial activities carried out by the relevant state departments to ensure the implementation of the intellectual property legal system and safeguard the legitimate rights and interests of intellectual property owners, as well as the business activities in which intellectual property rights formulate various rules and regulations, and adopt corresponding measures and strategies to maximize the economic and social benefits of their intellectual achievements. Intellectual property management is a systematic engineering of a series of management behaviors such as intellectual property strategy formulation, system design, process monitoring, application and implementation, personnel training, and innovation integration. Intellectual property management, together with the creation, protection and application of intellectual property rights, not only constitutes the main content of China's intellectual property system and its operation, but also runs through all aspects of intellectual property creation, protection and application.
From the perspective of national macro management, institutional legislation, judicial protection, administrative licensing, administrative law enforcement, and policy formulation of intellectual property rights can also be included in the macro management of intellectual property rights. From the perspective of enterprise management, the generation, implementation and protection of intellectual property rights of enterprises are inseparable from the effective management of intellectual property rights. According to the different management subjects, intellectual property management can be the management of intellectual property rights by state organs and the management of intellectual property rights owned by the right subjects. The management of rights subjects is mainly based on the rational development, application, promotion, and self-protection of intellectual property rights.
The content of intellectual property management: The essence of intellectual property management is that the intellectual property owner implements the management of property ownership of intellectual property rights. Ownership is the right of the owner of a property to possess, use, benefit from and dispose of the property he or she owns within the limits prescribed by law. Although intellectual property has its particularity in form, it is still an objective property.
Therefore, we can still scientifically manage and rationalize intangible intellectual property rights and improve the efficiency of the operation and use of intellectual property rights. The main contents of intellectual property management are as follows:
1) Development and management of intellectual property rights. Enterprises shall, proceeding from the purpose of encouraging invention and creation, formulate corresponding strategies to promote the development of intellectual property rights, do a good job in the registration and statistics of intellectual property rights, clear capital and verify assets, grasp the changes in property rights, and implement direct management of intellectual property rights in direct possession, and implement management and supervision of intellectual property rights not directly in possession.
2) Management of the operation and use of intellectual property rights. It mainly regulates the operation and use of intellectual property rights; Research and approve the management mode of intellectual property rights and the management of material fronts; development of intellectual property rights, etc.
3) Revenue management of intellectual property rights. Statistics on the benefits of the use of intellectual property rights should be counted and reasonably distributed.
4) Disposal management of intellectual property rights. Enterprises shall determine the transfer, auction and termination of intellectual property rights according to their own circumstances.
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The intellectual property system has the following functions: filial piety.
1. The intellectual property system is cautious about the incentive effect of knowledge creation, and the intellectual property system excludes the exclusive right granted to the creator or owner of intellectual property for a certain period of time in accordance with the law, protects this exclusive right from infringement, and the infringer is subject to legal sanctions, so as to mobilize the enthusiasm of knowledge innovators;
2. The intellectual property system has the role of regulating the public interest, and although the intellectual property system protects the interests of knowledge creators, it is not equal to monopoly;
3. The intellectual property system has the role of protecting investment, and the development of science and technology needs new investment in order to make new breakthroughs;
4. It is conducive to promoting international economic and technological exchanges and cooperation, and the knowledge economy is essentially a global economy.
Civil Code of the People's Republic of China
Article 123.
Civil entities enjoy intellectual property rights in accordance with law.
a) the work; 2) Inventions, utility models, and designs;
c) trademarks; 4) geographical indications;
5) Trade secrets;
6) Layout design of integrated circuits;
vii) new plant varieties;
8) Other subject matter provided for by law.
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The establishment of an intellectual property system has the following functions: to encourage the creation and dissemination of works that are beneficial to the construction of socialist spiritual and material civilization; encouraging invention and creativity; protect the interests of consumers and producers and operators; and other roles in promoting the development of the socialist market and the nuclear economy.
JudgmentLegal basis
Article 1 of the Trademark Law of the People's Republic of China.
This Law is hereby enacted in order to strengthen the management of trademarks, protect the exclusive right to use trademarks, urge producers and operators to ensure the quality of goods and services, safeguard the reputation of trademarks, protect the interests of consumers and producers and operators, and promote the development of the socialist market economy.
Article 1 of the Copyright Law of the People's Republic of China.
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 building of socialist spiritual and material civilizations, and to promote the development and prosperity of socialist cultural and scientific undertakings.
Article 1 of the Patent Law of the People's Republic of China.
This Law is enacted in order to protect the legitimate rights and interests of patentees, encourage inventions and creations, promote the application of inventions and creations, improve the ability to innovate and explore, and promote scientific and technological progress and economic and social development.
Intellectual property rights mainly include the following contents: copyright, patent right, trademark right, prevention of unfair competition, ** mark, name of origin, trade secrets, trademark rights, trade names, other intellectual achievements, and new plant varieties. Intellectual property rights refer to the exclusive rights that people enjoy in accordance with the law through their intellectual labor. >>>More
In addition to understanding and being aware of the relevant intellectual property laws and regulations, citizens should also take practical actions to respect and protect intellectual property rights. Learn the relevant intellectual property laws and regulations, so that you can know what is the infringement of intellectual property rights, for example: counterfeiting a brand is a trademark infringement, copying someone else's technology is a patent infringement, plagiarizing someone else's work is a copyright infringement, etc. >>>More
Patents must have technical solutions.
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According to the characteristics of intellectual property rights, only after performing legal procedures such as capital verification and industrial and commercial registration in accordance with the law, can the rights holders of intellectual property rights be effectively protected and the investment income of intellectual property rights can be fully utilized. When shareholders use their own proprietary technology as capital contribution, they should invest in shares with all the property rights of the intellectual property rights, and complete the legal procedures for property rights transfer, evaluation, capital verification, and industrial and commercial change registration, so as to effectively avoid legal risks in the future. It should be noted that at the time of company registration, if the non-patented technology cannot go through the property transfer procedures, the relevant supporting documents cannot be provided, and the capital contribution cannot be used as the company's capital contribution, and the capital verification procedures cannot be handled. >>>More