1. What are the ways to protect intellectual property rights?
1, trademark right
In China, the basic way to obtain trademark right is trademark registration. After the trademark is registered, the exclusive right to use the trademark is obtained. Obtaining the exclusive right to use a trademark means that the owner of a registered trademark can legally exclude others from using the same or similar trademark on the same or similar goods (or services) in a way that confuses consumers. Trademark registration is the preliminary evidence of trademark exclusive right, and the validity period of trademark registration in China is 10 year. 10 can be renewed when it expires, and the renewal times are not limited. Theoretically, as long as the obligee is willing, trademark registration can last forever.
2. Copyright
In China, copyright is copyright, which refers to the legal protection of original works in the fields of literature, art and science. Without the author's consent, others may not copy or use it. At present, the protection period of the author's right of signature, modification and integrity of the work is unlimited, and the other copyright protection period is the author's lifetime validity, plus 50 years after the author's death.
3. Patent right
Patent right is an exclusive right granted by the government to the patent applicant for a specific and limited period of time on the premise that the invention or design content is made public according to legal procedures. In other words, the inventor exchanged publicity for protection, and it was within the statutory time limit. According to China's patent law, patents include invention patents, utility model patents and design patents. Among them, the term of invention patent is 20 years, and the term of utility model patent and design patent is 10 year.
4. Trade secrets
Trade secret refers to trade secret information, including product formula, process, device, technical secret, computer source code, prescription or customer list, supply list, etc. This information can enable enterprises to maintain the advantages of competitors. If it is not known to the general public or easy to be discovered, the enterprise will take reasonable measures to keep it secret.
What are the basic forms of intellectual property protection?
Second, what is intellectual property protection?
Intellectual property refers to the ownership of intellectual labor results produced by human intellectual labor. It is an exclusive right granted to qualified authors, inventors or owners of achievements in a certain period of time according to the laws of various countries. It is generally considered to include copyright and industrial property rights. Copyright refers to the right of the copyright owner to sign, publish, use, license others to use and get remuneration for his literary works; Industrial property right is the exclusive right including invention patent, utility model patent, design patent, trademark, service mark, name of manufacturer, name of goods source or name of origin. Intellectual property is summarized as all rights from the field of knowledge activities, which began with the works of French scholar Kaptsov in the middle of17th century.
Third, legal issues that need to be paid attention to in intellectual property protection.
(a) the protection of computer software copyright:
Although China's "Regulations on the Protection of Computer Software" stipulates in Article 6: China citizens and units shall enjoy the copyright of the software developed by them, no matter whether it is published or not, no matter where it is published, in accordance with these regulations. At the same time, however, Article 24 of the Regulations also stipulates that the registration of software copyright with the software registration authority is the prerequisite for administrative handling or litigation of software rights disputes in accordance with these Regulations. The registration certificate issued by the software registration authority is the preliminary proof that the software copyright is valid or the facts stated in the registration application documents are true. Therefore, in order to better protect the copyright of the company's computer software, the company should register its self-developed computer software with the software registration authority, so as to avoid being in a passive position because it can't provide strong evidence in case of disputes.
(2) Patent technology protection:
Before developing new technologies, we should inquire about relevant technologies to see whether others already have such technologies, or whether they infringe others' patents, so as to avoid blindly going to projects.
After determining the R&D, a confidentiality agreement shall be signed with the technical personnel, stipulating that the technical achievements obtained in the research shall be owned by the company, and the technical personnel shall not take the relevant technical data with them when leaving the company, and shall not engage in the same, similar or competitive work with the original unit for a period of time after leaving the company. Establish files to ensure the integrity of technical progress records.
After the development stage is completed, a patent agent is hired to apply for a patent.
If it is later found that others have applied for similar patents, they should be able to use the company's prior rights to apply for invalidation of others' patents. If it is found that others use their own patented technology, they should promptly investigate and collect the infringer, the place where the infringement occurred and the scale of the infringement, the infringement income or the losses suffered by the company.
In the process of cooperation with other units, the company should sign a patent license contract, a technology development contract, a technology transfer contract, a technology consultation contract and a technology service contract in time according to the different cooperation contents.
For the protection of intellectual property rights, first of all, if others are found to have infringed, it is reasonable to safeguard their rights and interests through court proceedings and obtain relevant compensation, and immediately stop their own infringement. If the other party refuses to execute, it may apply to the court for compulsory execution.