How to do a good job in intellectual property management of enterprises

Intellectual property management is a systematic project of a series of management behaviors such as intellectual property strategy formulation, system design, process monitoring, application and implementation, personnel training, innovation and integration. Intellectual property management and the creation, protection and application of intellectual property not only constitute the main content of China's intellectual property system and its operation, but also run through all aspects of the creation, protection and application of intellectual property. From the perspective of national macro-management, the system legislation, judicial protection, administrative licensing, administrative law enforcement and policy formulation of intellectual property rights can also be incorporated into the macro-management of intellectual property rights; From the perspective of enterprise management, the emergence, implementation and rights protection of enterprise intellectual property rights are inseparable from the effective management of intellectual property rights. Intellectual property rights are a common issue that attracts worldwide attention. Every country has its own specific situation and different understanding of intellectual property rights.

Intellectual property management is essentially the management of property ownership by intellectual property owners. Ownership is the right of the property owner to possess, use, benefit and dispose of all his property within the scope prescribed by law.

Although intellectual property has its particularity in form, it is still an objective and true property. Therefore, we can still manage intangible intellectual property scientifically and improve the management and use efficiency of intellectual property.

The main contents of intellectual property management include:

(1) intellectual property development and management. For the purpose of encouraging invention and creation, enterprises should formulate corresponding strategies to promote the development of intellectual property rights, do a good job in the registration and statistics of intellectual property rights, check assets, grasp the changes of property rights, directly manage the intellectual property rights that are directly occupied, and manage and supervise the intellectual property rights that are not directly occupied.

(2) Management of the operation and use of intellectual property rights. Mainly to standardize the operation and application of intellectual property rights, study and approve the operation and management methods of intellectual property rights, and formulate intellectual property rights.

(3) Revenue management of intellectual property rights. The use efficiency of intellectual property rights should be reasonably counted and distributed.

(four) the management of intellectual property punishment. Enterprises determine the transfer, auction and termination of intellectual property rights according to their own conditions. According to different management subjects, intellectual property management can be the management of intellectual property rights by state organs, or the management of all intellectual property rights by right subjects.

The management of the country is mainly carried out from the acquisition and protection of intellectual property rights.

The management of rights subject mainly considers the rational development, application, promotion and self-protection of intellectual property rights. Strengthening intellectual property management can improve the quantity and quality of intellectual property creation.

Creating more and better intellectual property rights is the premise of implementing the intellectual property strategy, but to improve the quantity and quality of intellectual property creation, we must strengthen intellectual property management.

Make the creative goal more clear

First, from the enterprise level, intellectual property creation is the most important subject. First, intellectual property management can make the creation goal more clear. One of the main tasks of intellectual property management is to establish an enterprise intellectual property strategy based on patent strategy, and form the overall goal and policy of intellectual property creation, especially the quantity, quality, opportunities and categories of patent applications, according to the overall operation and innovation strategy of the enterprise within the strategic framework. Many large foreign companies attach great importance to patent application strategy. For example, Toshiba Company divides the patent application into concept invention discovery stage, strategic patent application stage and patent network construction stage according to the different steps of enterprise research and development of future products, next generation products and first generation products, thus forming the overall strategy of patent application from point to line, from line to surface and from surface to network. Second, intellectual property management can improve the starting point of innovative research and development and avoid low-level repeated research. By strengthening the management of intellectual property information, establish and improve the patent information database related to the scientific research and production field of our unit, make full use of patent literature information, keep abreast of the domestic and foreign technical trends related to our unit, avoid low-level repeated research, and save human and financial resources. Third, the creativity of inventors and designers can be improved through intellectual property management. Enterprises should establish a reasonable distribution and reward system of intellectual property interests within enterprises according to the requirements of intellectual property laws such as the Patent Law and relevant national policies and regulations. By cashing in the reward, the enthusiasm of the service inventor can be mobilized to the maximum extent, the intelligence of the service inventor can be brought into full play, and the brain drain of talents and technology can be avoided.

Second, from the perspective of state administration, intellectual property rights such as patents, trademarks, layout design of integrated circuits, and new varieties of plants all require the state intellectual property administrative organ to grant the corresponding intellectual property rights to the applicant on behalf of the state according to law. Therefore, the management level of these national administrative organs, the speed and quality of intellectual property review directly affect the quantity and quality of intellectual property creation in China.

Promote the creation of intellectual property rights

Third, from the perspective of local administrative intellectual property management, local governments can promote the creation of intellectual property rights by introducing policies and other administrative means to encourage intellectual property rights creation. In order to improve the quantity and quality of intellectual property rights in this region, local governments have introduced various incentive policies in light of local conditions, such as setting up a patent application funding fund, and incorporating the amount of patent applications into the index system for evaluating local officials.

Management protection

Strengthening the protection and enforcement of intellectual property rights is very important to encourage innovation and maintain a level playing field. However, compared with intellectual property management, intellectual property protection focuses on post-event relief and pre-event prevention. One is to treat the symptoms and the other is to cure the problem. Only by comprehensively strengthening the management of intellectual property rights can we improve the level of intellectual property protection.

First, for enterprises, the scientific management of intellectual property rights has laid the foundation for intellectual property protection. One of the most common problems in enterprise rights protection is the stability of rights. If an enterprise is well aware of the quantity, content, legal status and the boundary with others' rights, it can calmly deal with disputes such as administrative revocation, invalidation and infringement litigation raised by others. Second, intellectual property management can accumulate reliable evidence of rights protection. Through intellectual property management, the important materials in the process of intellectual property acquisition and implementation can be classified and preserved completely, which can provide reliable evidence support for rights protection. This is especially important for protecting trade secrets. Third, intellectual property management itself is the protection of intellectual property rights. By strengthening the management of technicians and technical achievements, the rights and obligations of technicians and the attribution of technical achievements are clearly defined, and intellectual property disputes caused by asset circulation and personnel flow are avoided to the greatest extent. In addition, intellectual property management also plays an important role in measuring and reducing the cost of rights protection, choosing rights protection methods and determining rights protection schemes.

Second, under the decentralized management of intellectual property law enforcement in China, it is even more necessary to strengthen the collaborative management of intellectual property law enforcement, establish cross-departmental and cross-regional mechanisms such as intellectual property case transfer, information notification and cooperative investigation, and build a platform with functions such as information service, case supervision, data analysis, situation assessment, monitoring and early warning, so as to realize the organic connection between the work of law enforcement coordination departments, administrative law enforcement departments and judicial protection organs. The Wuhan Municipal Party Committee and the Municipal Government set up a leading group for intellectual property work in Wuhan, which is fully responsible for coordinating the management and protection of intellectual property rights in the city. The leading group has 35 members, covering the municipal party committee, municipal people's congress, municipal government, CPPCC, municipal intermediate people's court, municipal procuratorate, municipal arbitration commission, customs and other relevant departments.

Third, the judicial administrative protection organs need to strengthen their own management, comprehensively strengthen law enforcement capacity building through internal management, improve the quality of personnel, strictly enforce the law procedures, standardize law enforcement behavior, and strengthen law enforcement means.

Strengthening the management of intellectual property rights can improve the ability to use intellectual property rights

The application of intellectual property is the core of implementing intellectual property strategy. The purpose of strengthening the creation, management and protection of intellectual property rights is to improve the application ability of intellectual property rights and comprehensively improve the market competitiveness of enterprises and the core competitiveness of the country. The level of intellectual property management restricts the exertion of intellectual property application ability.

First, from the perspective of enterprise management, enterprises are the main body of intellectual property application. Intellectual property management is an important link in enterprise management activities, and the intellectual property management department plays an important role in enterprise management from the positioning of the overall management system to the establishment, staffing and practical functions of the management department. Through intellectual property management, the economic benefits of intellectual property can be improved. The main means to profit from intellectual property rights are the implementation, transfer and licensing of intellectual property rights. In these processes, it is necessary to strengthen the comprehensive management of intellectual property rights, including plan management, property rights management and license management.

Second, from the perspective of national and local intellectual property administration, strengthening the implementation and application of intellectual property rights and improving the competitiveness of countries and regions is one of the main tasks of administrative management. In order to encourage the implementation of intellectual property rights, the state and local governments have issued a series of policies to encourage innovation. In 2006, the State Council issued a number of supporting policies to implement the Outline of the National Medium-and Long-term Science and Technology Development Plan (2006-2020), and issued a series of policies in the fields of science and technology investment, tax incentives, financial support, government procurement, intellectual property rights, and talent team. Local governments have also introduced more specific incentive policies in light of local conditions. * * * The Wuhan Municipal Party Committee and the Wuhan Municipal People's Government put forward in the Decision on Strengthening the Ability of Independent Innovation and Striving for a National Innovative City that the government procurement policy supporting independent innovation should be implemented. Establish the certification system, identification standard and evaluation system of independent innovation products, and determine the catalogue of independent innovation products purchased by the government. The municipal finance department shall, jointly with relevant departments, implement the policy of giving priority to the procurement of independent innovation products in government procurement according to the catalogue of independent innovation products. Implement the government's first purchase policy and ordering system, and constantly increase the proportion of innovative products and services in government procurement. Guide and encourage government departments, enterprises and institutions to purchase products with independent intellectual property rights by domestic and local high-tech enterprises through engineering design, budget control and bidding. The implementation of these policies will greatly promote the use and implementation of intellectual property rights.

Intellectual property management is not only a theoretical issue, but also a practical issue. In today's rapidly developing knowledge economy era, only by investigating intellectual property management from two aspects: theoretical discussion and practical innovation can we grasp its proper coordinate point in a three-dimensional way and give full play to the important role of management in intellectual property capacity building. I. Management Mode of Group Enterprises Most enterprise groups are large enterprises with diversified industries and a certain scale. In view of the extensiveness and complexity of the objects of intellectual property protection of such enterprises, enterprise groups should establish a complete intellectual property management system corresponding to it.

First, set up an independent intellectual property management committee at the group headquarters. The deputy general manager of the group is personally in charge and is fully responsible for all intellectual property affairs of the enterprise. The Committee is composed of seven people, including the Group's deputy general manager, legal adviser, director of the Group's office, managers of various industrial sectors, and head of the office, and independently exercises the following functions:

(1) formulate policies, strategies and plans for enterprise intellectual property management in combination with enterprise characteristics.

(2) Guide the industrial sectors and relevant departments of the Group to establish and improve various rules and regulations on intellectual property rights.

(3) Supervise the implementation of various rules and regulations.

(4) bring legal proceedings against individuals or deal with violations of various rules and regulations through non-legal means.

(5) Organize employees, especially senior managers and technical R&D personnel to carry out systematic intellectual property education and training.

(6) Coordinating intellectual property affairs between departments and industrial sectors.

(7) Urge all industrial sectors of the Group to apply for and register qualified patents, trademarks and copyrights in time.

Secondly, the Group Office, Administration Department, Development Department, Industrial Sector Office under the Group, Development Department, Industrial Sector Office under the Group, Development Department and General Manager of Industrial Sector cooperate with the Intellectual Property Management Committee to carry out their work. The Intellectual Property Management Committee meets with the above departments once a month. Under the guidance of the Intellectual Property Management Committee, these departments and individuals will implement intellectual property work in every department, employee, job and link of the Group and various industrial sectors. At the same time, these departments will also timely feedback the difficulties, problems and suggestions encountered in the process of intellectual property rights to the Intellectual Property Management Committee.

In addition, the Intellectual Property Management Committee keeps close contact with various intellectual property management agencies and collects all kinds of intellectual property laws, regulations and policies in time for its own use.

Second, the management mode of medium-sized enterprises in a single industry. Medium-sized enterprises with a single industry and small scale should also establish an independent intellectual property department as a think tank of the board of directors, which is directly led by the board of directors of the enterprise. The department is headed by the deputy general manager in charge of technical and legal affairs, and consists of a technical room, a trademark room, a legal room and an information room. As a liaison, the deputy general manager holds regular meetings to study and coordinate the work of various functional departments, formulate industrial strategies and management policies for intellectual property rights of enterprises, and open up a network management model. Each functional department shall be responsible to the General Manager and perform the following duties:

(1) Determine the object of enterprise intellectual property protection;

(two) to formulate the enterprise's intellectual property management system, and be responsible for supervising the implementation;

(3) Implementing the enterprise's intellectual property industry strategy to maximize the enterprise's intellectual property interests;

(4) Carry out employee intellectual property education and training, and improve employees' awareness of intellectual property protection;

(5) Establish an intellectual property infringement monitoring network to prevent enterprises from infringing on the intellectual property rights of others.

Third, the management mode of small high-tech enterprises Small high-tech enterprises generally have the characteristics of small scale, high technology content and streamlined organization. The establishment of intellectual property management institutions should adopt a point-to-point management model, that is, choose key points and coordinate comprehensively. There is no doubt that the life span of enterprises such as science and technology is of course the first in all departments. Therefore, the intellectual property management department is not set up independently, but combined with the chief engineer's office or the science and technology management department of the enterprise. Full-time personnel should be set up to be responsible for the registration and management of intellectual property rights such as patents, trade secrets, trademarks, computer software, etc., which are directly led by the cadres in charge of intellectual property rights in the enterprise.

On the other hand, in terms of personnel selection in the intellectual property management department, we believe that large and medium-sized enterprises should be equipped with intellectual property management professionals, technical departments should have patent agents, trademark departments should have trademark agents, and legal departments should have intellectual property lawyers. Manager professionalization is the general trend of modern enterprise management, and many multinational companies attach great importance to it. For example, IBM in the United States, patent lawyers and patent agents handle patent-related specialized affairs. There are 100 patent lawyers in the United States and 100 patent agents in other regions. Of course, most domestic enterprises do not have such rich human resources for the time being. Therefore, as an expedient measure, on the one hand, enterprises should strengthen contact with various external intellectual property administrative agencies and affairs agencies, obtain all kinds of intellectual property information and consultation in time, and understand government policies and industry requirements. On the other hand, from the long-term development needs of enterprises, enterprises must consciously cultivate their own professional managers of intellectual property rights. Gather the existing technical achievements, patent management personnel and technical contract legal personnel of the enterprise, conduct systematic intellectual property legal training, encourage employees to take the qualification examination of patent agents, trademark agents or lawyers, and strive to create a group of senior compound talents who are familiar with intellectual property legal business, enterprise management knowledge and industry expertise to better serve the enterprise.