How Can We Effectively Protect Our Intellectual Property Rights?

Under the market economy condition, the intangible wealth of intellectual property shows its power more and more.

While enhancing independent innovation capability, enterprises should enhance their awareness of intellectual property protection and actively use legal means to protect their own rights and interests, so as to seize the initiative in market competition and create a market environment for encouraging innovation.

Not long ago, the Changshu textile machinery finally won the 5 year long patent intellectual property lawsuit with the company of slob, which was a sensation in the industry.

In recent years,

The intellectual property litigation in machinery industry is developing rapidly. Not only does trademark disputes occur frequently, but patent disputes are also rare.

As one of the core competitiveness of enterprises, the importance of protecting intellectual property rights is beyond doubt.

However, according to the reporter, many textile machinery enterprises, including some large and medium-sized enterprises, pay attention to technical innovation, but there are misunderstandings of intellectual property protection.

In addition, because of the different state laws and so on, Chinese enterprises with foreign intellectual property rights have rarely won.

Why does this happen? How can we effectively protect our intellectual property rights?

Misunderstanding: despise oneself and despise others.

In the interview, reporters found that many textile machinery enterprises still have misunderstandings in the protection of intellectual property rights.

Many textile machinery enterprises have neglected technology and quality, but they have ignored the protection of intellectual property rights. They are willing to invest in R & D.

New technologies, but lack of protection for their R & D results, and even do not know how to use intellectual property rights to protect their own achievements.

Many enterprises only regard patent application as a necessary link to declare a scientific research project, or one of the conditions for declaring a high-tech enterprise. They do not really regard intellectual property as an important intangible asset and properly manage it.

Due to the constraints of scale, economic conditions and other factors, most SMEs do not apply for legal protection of their own patents, trademarks and other intellectual property rights until the intellectual property rights of enterprises are infringed by others.

Some enterprises do not have a deep understanding of the infringement of other people's intellectual property rights. On the one hand, because of the lack of information, they do not know about the infringement of others' intellectual property rights. On the other hand, many enterprises are lucky to think that infringement is hard to find and deal with.

Some enterprises are not good at protecting their intellectual property through legal means. After their infringement of intellectual property rights, they seldom adopt the relatively high cost legal means to deal with them.

In addition, some enterprises have not formulated the intellectual property strategy, and think that as long as there is technology, the development of enterprises can rest easy.

"Let's talk about it." now that the market competition is so fierce, the industry situation is not very good. It's already very difficult for us to do well in the product. If we spend the cost to raise a department to do intellectual property protection, the cost will be raised at once, and we can't afford to spend a few years in a lawsuit. We can't afford to do better, or we need to develop more customers for the current market.

A textile machinery business manager, who did not want to be named, told reporters about his true thoughts.

According to the reporter, although many enterprises have begun to attach importance to intellectual property work, most of the textile enterprises in China have not yet established intellectual property management departments, and there are no special personnel responsible for intellectual property rights, and few people really understand and understand intellectual property rights knowledge.

When enterprises are involved in intellectual property disputes, they usually have to pay high fees to hire outside personnel to respond, often in an extremely passive position.

Some highly specialized companies, including patent applications, trademark registration, property rights negotiations and analysis, are unqualified because of the lack of professionals, and the shortage of patent management personnel has led them to a dilemma.

In an interview with an expert, an expert said, "we often meet some enterprises, and don't take the matter seriously by using other people's proprietary technology.

Some people who know a little bit of laws and regulations do not know much about patents, trademarks and intellectual property rights such as trade secrets.

Even some intermediaries who provide intellectual property legal advice will give misleading suggestions, so that some patents can not be authorized, and some may destroy the integrity of patents.

Now many people are jealous of the intellectual property cake and lack of relevant professional ability, resulting in the overall quality of intellectual property is not high.

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Safeguarding rights: rational, going all over the world

In recent years, intellectual property litigation between textile machinery manufacturers has increased at home and abroad.

In this "patent war without smoke", the leading enterprises in the domestic textile machinery industry are the first ones to compete in the domestic textile machinery industry. They are the market contenders of similar products abroad and become the main targets of foreign competitors' attack.

Behind the background of patent requirements is competition and redistribution of product rights, market share and economic benefits.

At the international textile machinery exhibition, foreign textile manufacturers often complain about the infringement of their patent rights by Chinese similar enterprises.

However, China's enterprises are very passive in participating in market competition, especially in the preparation and experience of international market competition.

The two companies of Changshu textile machinery and Stockport France have experienced a very difficult process of responding to the court.

Although the high performance loom shedding device developed by Changshu textile machinery has a good market base in China, the opening device of Stobi France has occupied a leading position in the international market.

The 3 patent patents of the "dobby mechanism" and "looms" equipped with such multi arm mechanisms, "rotary dobby mechanism and loom equipped with such a multi arm mechanism" and "electromagnetic needle selector driving device for controlling multi arm mechanism and other weaving machines" are considered in the electronic dobby products of Changshu textile machinery.

2 of the patents put forward by the company have been convicted of infringement of Changshu textile machinery and ordered to stop selling and selling products immediately.

However, after many years' efforts, Changshu textile machinery has proved its scientific research ability and technological level with strong evidence, and finally won the lawsuit.

"Changshu spinning machine rotating electronic dobby R & D work has been started since 1995. After ten years of hard grinding, it was finally identified as a productive product by relevant departments in 2004. It began production and began to be used in customers in 2005. It has lasted for more than 10 years.

The company has spent a lot of energy and financial resources, so we have been safeguarding our rights and safeguarding our rights.

The success of the patent case has enhanced the confidence and determination of the company's new product development, and has also enhanced the market competitiveness of the "long brand" products.

Changshu Textile Machinery Co., Ltd. party secretary and executive vice general manager Yao told reporters this way.

Li Shunde, a researcher at the Chinese Academy of Social Sciences, points out that there are differences in the specific conditions, contents, scope and level of intellectual property protection in various countries.

Foreign intellectual property laws are not the same as ours. Some are not infringing acts in the country, and they become infringing acts abroad.

Especially in developed countries, on the protection of intellectual property rights, the protection level is higher and the protection conditions are more stringent.

If the product enters blindly, it may bring serious infringement consequences directly.

Therefore, when the domestic textile machinery enterprises export products to overseas or to provide services overseas, we should know clearly the relevant provisions of the intellectual property law of the importing countries of goods or services beforehand, otherwise, they may cause infringement.

Trademarks also appear in similar situations. They may be registered by a company in China, but in other countries, they are registered by another company.

All these are caused by the regionality of intellectual property, which is often the most easily neglected by enterprises.

It can be predicted that with the development of China's textile machinery to the world, the relevant patent technology litigation will also gradually increase.

Under the patent law, how to achieve success in the competition of product rights, market share and economic benefits is an important topic before China's textile machinery enterprises.

Protection: ability in mechanism, Kung Fu in common.

Jiangyin City Kai Ye Textile Machinery Manufacturing Co., Ltd. issued a statement recently announced that the company's automatic winding tube machine has been granted by the State Intellectual Property Office of the patent.

Kai Ye company found that a company in China had counterfeited the company's products without the permission of Kai Ye company, and promoted publicity through network, market, free trial and other platforms, which seriously damaged the legitimate rights and interests of Kai Ye company and disrupted the normal market operation order.

Kai Ye company has made a solemn statement to protect the legitimate rights and interests, and ordered the infringing company to stop all acts of infringement immediately. Otherwise, it will take protective measures according to the patent law of China. At that time, the infringing company will bear all the consequences of goodwill loss and infringement.

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Companies such as Kai ye have begun to pay more attention to their own intellectual property protection. However, some enterprises do not know how to effectively protect their intellectual property rights.

To this end, reporters interviewed experts in the industry.

The expert said: "protecting intellectual property rights is a very complicated and time-consuming and demanding thing.

Under the current market economy condition, the intangible wealth of intellectual property is more and more showing its power, such as rush registration trademark, rush to register Internet domain name and so on.

If you do not apply for a patent or register a trademark, others will apply for it. If authorized, the obligee will of course have the right to demand the payment of the license fee, otherwise it will be prevented from being used in accordance with the law, and the claim will be made to compensate for the loss.

However, at present, China is paying more and more attention to the construction of laws and mechanisms for the protection of intellectual property rights, including patent law, trademark law, copyright law and anti unfair competition law, all of which require enterprises to learn and understand in a timely manner.

How to operate it? Many experts say that first, we need to formulate strategies for strategic protection.

Enterprises should set up specialized departments of intellectual property protection and management, and strengthen early prediction and management of intellectual property rights.

Textile machinery enterprises should also establish and improve their internal intellectual property management system while protecting their own intellectual property rights by using external laws.

Enterprises should establish effective incentive mechanisms to ensure technological innovation, encourage scientific and technological personnel to develop new technologies and products, and form intellectual property rights, clarify the responsibility of ownership and protection of intellectual property rights, and sign an agreement on intellectual property rights with their employees.

We should standardize the contract management of the pfer and introduction of intellectual property rights, and establish a mechanism for dealing with disputes over intellectual property rights.

Second, we must be good at protecting our intellectual property through legal means, and choose the right way to protect intellectual achievements.

Patent protection is a strong way of protection, but the premise is to disclose the technical content, and the protection of trade secrets is determined by the measures and technology of the enterprise itself.

For example, the application of patent protection can be considered in the design of product structure or appearance. This is because the design is clear with the listing of the product, and if the patent protection is not applied, the interests of the enterprise can not be protected.

In addition, writing patent documents is very important when applying for patents.

For some improvement of product models, trademark protection can be considered.

In addition, enterprises should pay attention to the scope of intellectual property protection or patent pool construction while protecting patent applications, and protect their intellectual achievements in all directions.

Another expert reminds Enterprises: "to protect their own intellectual property rights should eliminate 4 tendencies: one is to rush to publish papers or exchange academic achievements at the stage of unsuccessful research, which is a possibility of losing patent application due to the disclosure of technical content.

In addition, it is easy to be used by competitors for reference, or even slightly processed and improved as a patent for invention creation, and legally "steal" for oneself.

Two, some people think that only when we get the final results, especially the mature research results, can we consider how to protect them. In the process of research, we may be able to get the phased results by legal or illegal means by the competitors, and then apply for the patent first, then the original researchers lose their rights.

Three, we should not pay attention to confidentiality, resulting in the leakage of technical data in the R & D or external processing, and lose the possibility of protecting business secrets and patents.

Four is for the commissioned development, cooperative development of technological achievements, in the contract of the right to the results of the issue does not make an agreement or an agreement is unknown.