How to carry out activities to protect intellectual property rights

Legal analysis: 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 institution for technological innovation.

Legal basis: Patent Law of the People's Republic of China

Article 10 The right to apply for a patent and the right to apply for a patent may be transferred.

Where a Chinese entity or individual transfers the right to apply for a patent or patent right to a foreigner, a foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of the relevant laws and administrative regulations.

Where the right to apply for a patent or the patent right is transferred, the parties concerned shall enter into a written contract and register it with the patent administration department, which shall make a public announcement. The right to apply for a patent or the assignment of a patent right shall take effect from the date of registration.

Article 11 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 the purpose of production or business.

After the design patent is granted, no unit or individual shall exploit the patent without the permission of the patent defender, that is, it shall not manufacture, offer to sell, sell or import the patented products designed by Sun Xunguan for the purpose of production and operation.

Article 12 Where any unit or individual exploits another person's patent, it shall enter into a license contract with the patentee and pay the patentee royalties. The licensee has no right to allow any entity or individual other than those specified in the contract to exploit the patent.

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.

Legal Analysis: 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 waive code transportation, 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 marks, collective trademarks and certification marks can be applied for registration in China to obtain the exclusive right to use the trademark. Trademarks may be textual, figurative, or a combination thereof.

Legal basis: Article 11 of the Patent Law of the People's Republic of China After the patent right for invention and 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 shall not manufacture, use, offer to sell, sell or import its patented products for production and business purposes, or use its patented process and use, offer to sell, sell or import the products directly obtained by Yichishi Liang according to the patented process. After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patent right checker, that is, it shall not manufacture, offer to sell, sell or import its design patent products for production and business purposes.