How do individuals protect intellectual property rights

Question 1: How can individual citizens protect intellectual property rights and obtain corresponding rights in time, such as trademark rights and patent rights.

2, found that the infringement in a timely manner.

Question 2: How to protect individual intellectual property rights? Writing works enjoy copyright (copyright);

Registered trademarks enjoy the exclusive right to use trademarks;

You can obtain intellectual property rights such as patent right, computer software right, network communication right and disseminator right.

-it can be protected according to law.

Question 3: If others imitate their own works, how can they protect their intellectual property rights? Hello, collect the evidence of the other party's infringement, and then hold the evidence of your product rights to investigate the other party's infringement responsibility according to law. * * * Deal with it according to law.

Question 4: How to protect intellectual property rights? Mankind has entered 2 1 century. In this promising new century, science and technology, literature and art are developing at a high speed and will achieve more brilliant achievements. With the advent of information society and knowledge economy, the contradiction between intellectual property protection and economic, scientific and cultural development, and the contradiction between developed countries and underdeveloped countries has become increasingly prominent. At the same time, the intellectual property system will also play an increasingly important role in promoting economic development, scientific and technological progress and cultural prosperity.

China's "People's Republic of China (PRC) Patent Law", "People's Republic of China (PRC) Trademark Law", "People's Republic of China (PRC) Copyright Law" and other laws and regulations have been promulgated one after another, providing a legal basis for intellectual property protection of various enterprises.

I. Patent Protection

There are three kinds of patents: invention patents, utility model patents and design patents. The patent rights enjoyed by the patentee mainly include the right to manufacture, the right to use, the right to sell, the right to sell, the right to import, the right to transfer and the right to license. Patent right also includes prohibition right, waiver right and marking right. The protection period of invention patent is 20 years, and the protection period of utility model and design is 10 year.

Applying for a patent has the following advantages:

1. Obtaining monopoly right: The patentee can directly prevent the corresponding competition of commercial competitors and obtain higher profit returns.

2. Earn royalties: Even if there is no immediate need for patents in the market, people are likely to notice the use of patents in the future and are willing to pay royalties. American Xerox Company invented the graphical user interface, but did not apply for a patent. Later, Microsoft and Apple used the graphical user interface as the basis of their personal computer operating systems. According to a preliminary estimate, Xerox lost nearly 1 100 million dollars in royalties in vain. On the other hand, Xerox lost nearly 1 billion dollars in royalties.

3. As a defensive shield: If the inventor fails to apply for a patent for the first time, the competitor will take the lead. By then, all the efforts made by the inventor in research and development will be wasted, and the inventor himself will not be able to use his own scientific research results.

4. Helping to explore foreign markets: At present, more than 65,438+070 countries and regions in the world have established and implemented patent systems. Many foreign buyers, especially American buyers, will ask local manufacturers or sellers to prove that they own the intellectual property rights of their products, so as to protect themselves from being involved in infringement lawsuits before they are willing to trade.

5. Improve the competitiveness of enterprises with small ones: patents are equally important to large, medium and small enterprises and new enterprises. In the fierce competition market, small enterprises can completely obtain patented new inventions to beat the leading products set up by large enterprises with huge advertisements.

6. Increase enterprise value: If a third party is willing to invest in a company, and if the company has a number of valuable patents, then the company's share price will be greatly increased. 1997 Microsoft bought a small company with less than 6,000 users for $425 million. The purchase price is 40 times the average price of the industry calculated by the number of users. Microsoft is willing to pay at this share price because it holds 35 important patents for transmitting TV content through the Internet.

7. It is beneficial for enterprises to make scientific and correct decisions: through patent analysis, enterprises can understand the trends of science and technology, industry, market and new products, and then predict and formulate their own short-,medium-and long-term development plans, and determine which products they develop to occupy the market, maintain a leading position and expand market share.

Second, trademark protection.

The Trademark Law of People's Republic of China (PRC) stipulates that commodity trademarks, service trademarks, collective trademarks and certification trademarks can apply for registration in China and obtain the exclusive right to use trademarks. Trademark logo can be text, graphics or their combination.

Commodity trademarks refer to trademarks used in the production, manufacture, processing, selection and distribution of commodities.

Service trademark refers to the trademark used by service providers to distinguish their services from those provided by others.

A collective trademark refers to a trademark used by members of industrial and commercial organizations, associations or other collective organizations on goods or services, indicating that the operators or service providers of goods belong to the same organization, so as to distinguish the goods or services provided by non-members.

A certification trademark refers to a trademark controlled by an administrative organ, an organization or an organization designated by it with control and testing capabilities and used by others on goods or services to prove the origin, main raw materials, manufacturing methods, quality, accuracy and other specific qualities of goods.

The trademark protection period is 10 year, during which there is no charge, and it can be renewed after 10 year. Trademark registration has the following advantages:

1, in the national quota ... >>

Question 5: How to protect your intellectual property rights? This intellectual property covers a wide range. Let's talk about patent protection first:

In the intellectual property strategy, enterprises should establish four kinds of patent consciousness.

1. patent civilian consciousness.

Many people know little about patents, and they think they are inscrutable and dare not set foot in them. In fact, people who know patents know that "improvement is a patent, innovation is an invention, practicality is the key, what predecessors don't have is a standard, and economic significance is the premise".

In Shuangliu, farmer Song XX used the principle of tree connection to nail several small trees together and turned them into big trees. This method applied for the national invention patent. When farmers visited XX, they found that bitter gourd seedlings were easy to die, and towel gourd seedlings had taken root. Results The yield of bitter gourd increased by more than L times, the harvest time increased by two months, and the yield of bitter gourd increased by more than 2,500 kilograms per mu. This method has also applied for a national invention patent. There is also a middle school classmate, Song, who applied for six national patents alone.

These examples show that patents are not complicated. The key is to see if you have patent awareness. As long as you have patent awareness, you can find that there are many technologies and products around you, and there are many ideas. You can apply for a patent. This is the patent consciousness of civilians.

2. Consciousness of patent agency.

Whether the patent is good or not depends on the innovation of the patent inventor, but the patent agent plays a key role in whether the patent is good or not. For a patent that is difficult to protect, the patent agent is responsible for 90%. Patent disclosure should be moderate, just right, simple and clear, and the power requirements should not be redundant. All these require patent applicants to be familiar with patent writing skills, understand the current situation and trend of the industry development, and understand what aspects the infringer may infringe, so as to prepare for the patent claim.

For example, in a factory producing artificial marble in a county, the patent agent in the past declared a single protection for artificial marble of various colors, but the infringer slightly adjusted the color and broke through his protection scope. Enterprises have spent a lot of money and applied for many patents, and the result is hard to * * *. Later, a patent agent was found, and after careful analysis, the company was instructed to apply for "a kind of colored artificial marble" and "the manufacture of artificial marble". Therefore, when applying, we should consider what aspects the infringer may infringe, and pay attention to prevention when claiming compensation. Only by choosing an experienced patent agent can it be done.

3. patent awareness.

The purpose of applying for a patent is not to look good, nor to show off, nor to decorate the facade, but to obtain more benefits through patent protection. Therefore, once it is found that there are patented products that infringe on oneself in the market, there must be * * *, and rightfully take up legal weapons and file a lawsuit against the infringer. The key to litigation is evidence, and the collection of evidence must be accompanied by a notary of a notary office to the scene for collection.

For example, a waterproof material company in Chengdu is a high-tech enterprise that produces waterproof materials, and its products have been successfully applied to the construction of Beijing Olympic venues such as Bird's Nest and Water Cube. They applied for many new waterproof materials, such as "water-swelling waterstop with step-by-step expansion time control characteristics", "plastic or rubber waterstop with grouting pipe" and "self-paving waterproof material", all of which were protected by the state.

On June 5438+ 10, 2007, the company discovered the use of the patented product "Water Stop with grouting pipe Swelling in Water" at a construction site, immediately led a notary to participate in evidence collection, took photos at the construction site, traced the sales department, found the infringing manufacturer as a rubber product factory in Chengdu from the product label, grasped the production and operation of the enterprise from the tax department, and went to the enterprise for on-the-spot inspection as the user purchased the product.

After all the evidence was collected, a lawsuit was brought to the Intermediate People's Court of Chengdu, and all the rubber products factory in Chengdu, the sales department selling the water-swellable water-stop belt with grouting pipe and the construction enterprises using the water-swellable water-stop belt with grouting pipe were brought to court, demanding to stop the infringement and claim compensation. Later, a rubber product factory in Chengdu took full responsibility and compensated a waterproof material company in Chengdu for 40,000 yuan through court mediation, destroying unsold products and production equipment and stopping production ... >>

Question 6: How to protect your intellectual property rights? Please describe clearly, what do you want to protect? Invention? Trademark, technical secret, book copyright?

Question 7: How can SMEs protect their intellectual property rights? What are the main types of intellectual property rights of enterprises: trademarks and patents. Or copyright?

Let's talk about trademarks first:

(1) Registration

It is best to register before using it, and it is best to search for different or similar trademarks. The trademarks involved must have a unique meaning, which is easy to understand and remember. Trademarks are like people's names. They should be distinctive, which can be characters, graphics, letters, numbers, three-dimensional signs, colors, or a combination of the above elements. If another registration is rejected by the Trademark Office, we must carefully decide whether to review it.

(2) Use

Trademarks are embodied in the sale of goods, so we must pay attention to the preservation of relevant documents (such as invoices, consignment contracts, etc. ). It is best to embody the trademark in these evidences and summarize the significance of the trademark law.

(3) Planning

Don't pay attention to details such as trademark planning because of scale.

Question 8: How to protect intellectual property rights? Shenzhen Lu Hao Intellectual Property answers you:

Apply for trademark protection, patent protection and copyright protection in time.

Question 9: How to protect one's intellectual property rights should be handled by professional organizations.

Question 10: How to protect your intellectual property rights? According to the second paragraph of Article 69 of the Patent Law, the following circumstances are not regarded as infringement of patent rights:

Having manufactured the same product, used the same method or made necessary preparations for manufacture and use before the patent application date, and continuing to manufacture and use only within the original scope.

If the other party can prove that he meets the above conditions, then his sales behavior is legal.

In addition, the other party tells you that their products have been used and sold before you apply. It is possible that they have consulted their lawyers and think that they meet the conditions mentioned in Article 69 and are not afraid of your bringing a lawsuit.

The key now is whether the other party has evidence to prove that their products have been used and sold before you apply, and it depends on whether the products they are selling now are consistent with those sold before you apply. If there are differences, whether the differences belong to the scope of your patent protection needs comprehensive analysis and judgment. I suggest you consult a lawyer or patent agent who is good at intellectual property. Ordinary lawyers can't handle such cases well.

Please adopt ~