V. Issues to be addressed in the protection of intellectual property rights in enterprises
55. Increased awareness of intellectual property rights。
Fully understand the importance of iprs in competition in the market, raise the overall awareness of ipr protection, continuously increase the capacity for autonomous innovation, and provide a comprehensive protection of patents, trademarks, copyrights, etc. According to different types of iprs to avoid possible risks. A conditional enterprise may set up a specialized intellectual property institution or a person responsible for the administration of intellectual property, paying attention to the proper preservation of intellectual property records of research and development, certificates of rights, records of contributions, intellectual property contracts, original vehicle of copyright, etc。
56. Timely submission or registration of claims。
Businesses should apply for patent authorization and trademark registration in a timely manner for commercial identifiers of autonomous innovation technologies, product design and breeding. Copyright registration, although not a prerequisite for the protection of works, may serve as a strong evidence of the copyright rights of enterprises by recommending that they register copyrights in a timely manner after the software has been developed and after the completion of works such as text, pictures, flower design, etc. Electronic documents created in the creation process are fixed, to the extent possible, by modern network techniques such as electronic data authentication and time stamping as evidence of the time of completion of the work。
57. Science chooses ways to protect the results of research and development。
When technology research and development or product design is completed, enterprises are required to adopt different protection approaches depending on the outcome category. It is decided that patent applications should be protected as commercial secrets, taking into account factors such as the speed of technological upgrading and the ease of confidentiality measures. If an enterprise discloses the technological results of a production sale prior to patenting, this will result in the loss of novelty of the technology, the patent will not be patented or declared invalid。
The trademarks applying for registration should be prominent。
When applying for registration of trademarks, enterprises use, to the extent possible, highly visible hypothetical labels, avoiding the use of words or symbols such as geographical names, generic names of products, etc., to improve the success of trademark registration. Before applying for registration of a trademark, an enterprise should fully retrieve prior registration of trademark information as well as the business name of the same trade, so as to avoid facing claims from rights holders for the use of the same or similar commercial labels that infringe on the prior intellectual property rights of others or fall under the cross-category protection of the trademark。
The use of registered trademarks is regulated。
When a trademark is registered, the enterprise should regulate the use of its trademark and not be able to divide, combine or deform the registered trademark. The lack of regulation of the use of registered trademarks is not conducive to the development of their own brands, but may also result in the correction or withdrawal of registered trademarks by administrative authorities for a limited period of time by means of self-regime changes and three consecutive years of suspension, or may constitute an infringement by the use of irregularities that result in the actual use of marks identical or similar to those registered by others。
60. Legal registration and regulation of the use of business names。
Before applying for the name of a business, full access to information on the registration of a previous trademark by another person may amount to undue competition if the same or similar words as the first registered trademark are used as characters. When the business name is registered, the use of the full name of the business should be regulated, and there is a risk of trademark infringement if the use of the same or similar characters as the trademark registered by another person is highlighted。
61. Attention is paid to contractual agreements on tenure and use of intellectual property。
In commissioning others to design or cooperate with others, an enterprise should expressly agree in the relevant contract on the attribution and scope of use of intellectual property rights, avoiding being unable to assert its rights or lose its competitive advantage because of lack of agreement. Where intellectual property is acquired by way of concession, licence, etc., care is taken to review the validity of the assignor, licensor's documents of title and rights such as patents, trademarks and so forth, in case the assignor, licensor is not a genuine rightor or the rights have expired。
62. Creative design promotes originality。
In the process of making furniture, producing household swipes, etc., the enterprise, either on its own or on its own behalf, should design furniture appearances, household swipes, etc., and should require original creations, if the design shows signs of a visible imitation of other people's product appearances, patterns, etc., which may constitute infringement by material similarity. When an enterprise is entrusted with the production or sale of related products such as toys, household swipes, the use of cartoon images or game characters in the visual comics as the appearance or pattern of the product, care is taken to avoid intellectual property rights violations by allowing the client or supplier to produce evidence that has been authorized or licensed by the relevant right-holder。
63. A critical review of the website and the sources of photographs in the campaign。
Care is taken to review whether the pictures used on the enterprise's website, product instructions, advertising brochures are authorized by the author, to avoid, to the extent possible, copyright disputes arising from the use of images searched on the internet without payment, or to assign responsibility for such copyright disputes to advertising companies in service contracts in order to reduce their own risk。
64. The obligation of reasonable review is required at the time of arrival。
The seller should refuse to take delivery of the “three-nil products” of the manufacturer without the date of production, the quality certificate and the manufacturer. In the case of goods whose prices are clearly below market prices, vigilance should be exercised to carefully examine information such as trademark markings, packaging patterns, appearance designs, technical features of products, and to recommend that clearly branded and suspected branded products be carefully distinguished so as not to constitute a violation of the obligation of reasonable care。
Care to preserve evidence of commodity origin。
It is difficult for enterprises to verify thoroughly whether intellectual property rights of others are attached to the goods being purchased, and it is therefore recommended that evidence of the legal origin of the goods, such as purchase contracts, papers, money orders, be retained and that, to the extent possible, the counterparty be required to include both specific information on the type of product, quantity, unit price, etc., in the presentation of invoices, delivery orders, as well as an indication of the address of the place of business of the supplier, contact details and a stamp for the supplier to sign. Once a right-holder is prosecuted in the future, there is a way to defend itself from a legitimate source。
66. Undertaking ipr review obligations for processing enterprises。
When taking over orders from external processing clients, the label processing firms must be careful to review the intellectual property rights of the products processed under the orders as necessary and to preserve the relevant tenure documents, which may result in processing and production actions that violate the intellectual property rights of others and result in losses to the enterprise。
67. Conducting business in good faith and competing interests。
Businesses should operate on the basis of the principle of good faith and credit, not falsely promoting their scope of business, product type, product visibility; not engaging in online billing, fictional production and sales of data; and not maliciously discrediting competitors ' business reputations and the reputation of their goods so as to avoid undue competition disputes。
68. The ktv industry was advocated to pay royalties to collective copyright management organizations。
The ktv industry needs copyright awareness and the song library should be licensed. The payment of royalties to collective copyright organizations is a quick and cost-effective way of reducing transaction costs. Otherwise, the collection of songs is too large to be subject to litigation by “small rights holders” and the payment of financial compensation well above royalties。
69. Repeated and malicious violations are severely punished。
Under the principle of judicial protection of the strictest protection of intellectual property rights, punitive damages are generally applicable to repeat and malicious infringers, for which the perpetrators will pay a high tort and cost。
Good at protecting intellectual property through legal means。
In the event of an infringement of an enterprise's intellectual property rights, legal interests can be upheld through both administrative and judicial protection. Rights-holders may collect evidence of violations against others in a timely manner and in accordance with the law, and may apply to the notary public for notarized evidence. Where evidence may be lost or later difficult to obtain, an application for preservation of evidence may be filed with the court。
