How to maintain independent intellectual property rights and how to protect intellectual property ri

Intellectual property protection can be divided into two aspects in terms of form:

External: You can first clarify the type of intellectual property rights, and then consult professionals to cooperate with the current existing laws and regulations for the protection of patents, trademarks, copyrights, etc., and apply to the relevant departments.

Internally: Sort out the company's internal intellectual property management system, formulate a complete management system, and do a good job in internal management from the creation, protection, maintenance, operation and other stages of intellectual property rights.

In addition, if you think about it further, all the work of protecting intellectual property rights is for money, whether it is to make money or to spend less money, so the starting point of intellectual property protection work should be, what can be done to make money? How to make money? What's the point?

Instead of patents for the sake of patents, trademarks for trademarks' sake, of course, if someone really protects their own intellectual property rights for the sake of their own ideals and ambitions, then that's another matter.

I just want to convey that the protection of intellectual property rights is not a single or two points that can be protected, but needs to be considered from all aspects, and at the same time, the protection of intellectual property rights should also be purposeful.

Apply for intellectual property protection, such as patent rights, trademark rights, copyrights, etc., and fix them in this legal form, so that you can get legal protection in the event of infringement disputes.

In order to maintain independent intellectual property rights, it is necessary to improve the intellectual property management system: 1. Registration and protection of intellectual property rights such as trademarks, patents, copyrights, etc.; 2. Establish a relevant intellectual property department within the enterprise, and a special person is responsible for it; 3. Apply for protection of new brands and technologies, pay attention to the previous ones from time to time, go through relevant procedures on time, and ensure that the relevant rights are not interrupted; 4. Implement a reward and punishment mechanism, reward those who have contributed to the construction of intellectual property rights, and punish those who fail to fulfill their duties and neglect their duties in intellectual property rights. 5. At the same time, it can also improve the enthusiasm of enterprise innovation, so that there will be a steady stream of independent intellectual property rights to form a comprehensive and constantly improving protection system.

To maintain and strengthen our core competitiveness, the following two points are worthy of our in-depth practical development:

1. Register trademarks and apply for patents in a timely manner, and obtain the exclusive right to use trademarks and patent rights.

When registering a trademark, in addition to registering the trademark of the main brand, a similar trademark should also be registered selectively; In addition to registering a trademark in this class, it should also be registered in the relevant class if necessary. Even if some companies are developing new products themselves, they do not protect their R&D results by applying for patents.

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.

Apply for intellectual property protection, patents, etc.

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 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 and obtain the exclusive right to verify 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 Chi Shiliang person shall 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, 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 and operation. 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 patent products for production and business purposes.

The main ways to protect intellectual property rights are administrative, criminal and civil compensation. Administrative means ordering the infringer to stop the infringement, make corrections and make a public announcement, confiscate unlawful gains, and may impose a fine; Civil liability means that the infringer needs to bear civil compensation; Criminal means that the infringer needs to be sentenced to imprisonment and a fine.

[Legal basis].

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.

Intellectual property is the wealth of creators, and protecting one's intellectual property is essential for both individuals and businesses. Here are a few tips for protecting your intellectual property:1

Registering a patent or trademark: By registering a patent or trademark, you can ensure that your ideas are protected by law. This will prevent others from using your ideas, while also giving your product or service uniqueness.

2.Sign a non-disclosure agreement: When sharing your intellectual property with others, signing a non-disclosure agreement ensures that your ideas are not leaked or copied.

4.Educate employees: Communicate the importance of intellectual property to employees and ensure that they comply with the company's intellectual property policy.

At the same time, it is necessary to educate employees on how to protect their personal intellectual property. In short, the protection of intellectual property rights requires a combination of legal means, technical means and educational means. Only by taking comprehensive measures can you protect your intellectual property rights to the greatest extent.

Here's how to protect your intellectual property:

2. For the intellectual property rights that have been infringed, the parties can deal with them through their own negotiation, mediation, litigation, etc., so as to minimize the losses;

3. Other protection methods.

The purpose of protecting intellectual property rights is as follows:

1. The protection of intellectual property rights can bring huge economic benefits to enterprises and enhance economic strength. The exclusivity of intellectual property rights determines that only with independent intellectual property rights can enterprises be invincible in the market. More and more enterprises are beginning to realize the huge role of intangible assets such as technology, brands, and trade secrets, and how to gradually increase the value of these intangible assets depends on the reasonable protection of intellectual property rights.

2. The protection of intellectual property rights is conducive to promoting foreign investment and introducing foreign investment.

[Legal basis].

Article 65 of the Patent Law of the People's Republic of China.

The amount of compensation for patent infringement shall be determined according to the actual losses suffered by the right holder due to the infringement; Where the actual losses are difficult to determine, they may be determined on the basis of the benefits obtained by the infringer as a result of the infringement. Where it is difficult to determine the loss of the right holder or the benefit obtained by the infringer, it shall be reasonably determined with reference to the multiple of the patent royalty. The amount of compensation shall also include the reasonable expenses paid by the right holder to stop the infringement.

Where it is difficult to determine the losses of the right holder, the benefits obtained by the infringer, and the patent license fees, the people's court may determine the compensation of not less than 10,000 yuan but not more than 1,000,000 yuan on the basis of factors such as the type of patent right, the nature and circumstances of the infringement, and so on. Suspicious brother Jane.