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Content and category: core fields and categories and extensions, the core field, that is, the distinctive part of the name that distinguishes it from other products, must be protected as the main trademark (first of all, the text, if the logo has a graphic, you can apply for a combination of text and graphic). The core class, i.e. the trademark class in which the main business of the project is located, is the first to be applied for.
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Copyrights and patents need to be judged according to the actual R&D process of the enterprise, and it is recommended to start handling them at the earliest time when the application for protection can be made.
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It is determined that the inventor applies for a patent by the inventor and no one else has the right to apply for it.
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Trademark protection, technical protection, property protection, infringement and expensive, but also pay attention to the interests of both parties, the most profitable base difficulty, aerospace designer multi-functional products, unmanned driving, and robot development, weapons research and development.
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Method: Find a ** institution or law firm for consultation, before applying for a trademark, find a professional trademark ** agency or law firm to do consultation and search on the trademark to be applied for, to understand whether your trademark meets the application requirements and whether there are other people who have registered the same or similar trademark in this category (cross-border business also needs to do overseas search).
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From the stage point of view, trademarks and domain names are the first things that need to be started in the early stage of entrepreneurship, that is, they can be started when determining the brand or product name, after all, no matter what the main business of Internet start-ups is, they are inseparable from the above two intellectual property rights.
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Legal issues related to corporate trademarks are often found in the legal due diligence of Series A or even later financing projects: some brands and trademarks that have spent a lot of time and money to promote cannot be registered because the submitted trademarks do not meet the standards and requirements for registered trademarks; A trademark that is used not only cannot be registered, but is accused of infringing on the registered trademark of another person, and is required to compensate the registrant or right holder of the trademark. In the above cases, the company may be forced to change the brand and trademark in the middle of the process, causing huge losses to the promotion of the company's products or services.
The reason for the above situation is that the protection of intellectual property rights was not done well at the beginning of the business.
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Trademark protection for logo, copyright protection for icon, copyright protection for self-developed software modules and tools, and domain name protection.
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The layout of intellectual property rights may not be carried out immediately in the initial stage of entrepreneurship, but before the product is launched or sold, it is recommended to ask a professional law firm or intellectual property ** institution to make overall planning to avoid unnecessary disputes or disputes in the future.
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Trademark protection is an issue that every start-up needs to face, and it is also the most questioned link. Therefore, take a trademark application as an example to briefly introduce the protection of intellectual property rights.
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The focus of intellectual property protection of different start-up companies, intellectual property rights mainly include: offline parts: trademarks, copyrights, patents; Offline part: domain name.
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From the perspective of branding, it is desirable that the company name, product or service name (brand) and company domain name of an Internet start-up should be the same or as consistent as possible, so offline and online intellectual property protection needs to be carried out together.
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In the process of starting a business, intellectual property has the function of protecting investment.
The intellectual property system grants the creator or owner of intellectual property exclusive rights for a certain period of time in accordance with the law, and protects such exclusive rights from infringement, and the infringers are subject to legal sanctions. With this kind of exclusivity, the creator or owner of intellectual property rights can obtain economic benefits and recover investment through the transfer or implementation of production, so that there is the enthusiasm and material conditions for continuing research and development, so as to mobilize the enthusiasm of knowledge innovators.
The development of science and technology requires new investment in order to make new breakthroughs. The acquisition of a scientific and technological achievement requires a complex process of basic research, applied research, and development research, and requires a large amount of input and hard labor. The reason why the law wants to transform the otherwise free information into the property of the creator is out of the need for public policies to promote the development of science and technology, social progress and the protection of certain interests.
Therefore, not all knowledge gives rise to intellectual property.
Article 123 of the Civil Code of the People's Republic of China: 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.
Article 844: The conclusion of technology contracts shall be conducive to the protection of intellectual property rights and the progress of science and technology, and promote the research and development, transformation, application and promotion of scientific and technological achievements.
Article 444:Where property rights in intellectual property rights such as the exclusive right to use registered trademarks, patent rights, and copyrights are pledged, the pledge rights shall be established when the pledge is registered.
After the property right in the intellectual property right is pledged, the pledgor shall not transfer or license others to use it, except where the pledgor and the pledgee agree through consultation. The price obtained by the pledgor from the transfer or licensing of others to use the property rights in the pledged intellectual property rights shall be paid off or deposited with the pledgee in advance.
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Intellectual property issues in innovation and entrepreneurship of college students do not include (a).
a. Lack of technology promotion in entrepreneurship b. Insufficient policy support c. Insufficient education in the legal aspects of college students' entrepreneurship in colleges and universities D. Lack of intellectual property protection funds for college students' entrepreneurship.
Expansion of the basic definition of intellectual property:
Intellectual property rights are a general term for the rights based on the creation of results and industrial and commercial marks in accordance with the law. The three main types of intellectual property rights are copyrights, patent rights, and trademark dust and lead source rights, among which patent rights and trademark rights are also collectively referred to as industrial property rights. Intellectual propert is also translated as intellectual achievement right, intellectual property right or intellectual property right.
Expansion of the legal characteristics of intellectual property:
1. The object is immaterial.
The object of intellectual property is immaterial works, inventions and goodwill, etc., which are incorporeal and must rely on a certain material carrier to exist. The object of intellectual property is the intangible achievements carried or embodied by the material carrier of knowledge. This means that the acquisition of a material carrier does not mean that it is entitled to the intellectual property rights it carries; Finally, the infringement of the ownership of a material carrier is not the same as the infringement of the intellectual property rights it carries.
2. Specific exclusivity.
Exclusivity, also known as exclusivity, refers to the fact that without the permission of the intellectual property owner or special provisions of the law, others are not allowed to carry out acts controlled by the exclusive rights of intellectual property rights, otherwise it constitutes infringement. There are many differences between the exclusivity of intellectual property rights and the exclusivity of property rights.
1) It involves a wide range of fields.
The crime of infringement of intellectual property rights involves a wide range of fields, and with the popularization of the knowledge economy, the fields involved in the crime of infringement of intellectual property rights are gradually expanding, such as economy, culture and science. >>>More
A: Intellectual property power is not a simple goal.
First of all, we need to know what intellectual property is, what it represents, and what it does. This is an important reason to understand why an IP powerhouse is proposed. >>>More
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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
The implementation of intellectual property standards refers to the implementation of standards, which is the implementation of the national standards of "Enterprise Intellectual Property Management Standards" for enterprises. The national standard for enterprise intellectual property management norms is formulated by the State Intellectual Property Office, approved and promulgated by the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China and the Standardization Administration of the People's Republic of China, and implemented on March 1, 2013, with the standard number GB T29490-2013. >>>More