How to Protect Patent Rights in Enterprises

Chinese Figure Classification Number: F273 Literature Identification Number: A Article Number: 1009-914X(2016)29-0116-02

China has been implementing the patent system for more than 30 years, and the patent system has become one of the important rules for enterprises to participate in the market competition day by day, and accordingly, it is required to carry out the corresponding management in the day-to-day production and operation of the enterprise according to the patent system, which is the Enterprise patent work.

One, why carry out patent work

1. Patent system is a market economy must comply with the rules

China's patent law was promulgated and implemented at the beginning of the reform and opening up, it can be said that China's patent system is accompanied by China's transition from a planned economy to a market economy was born. This is because the market economy operates on the basis of market competition, which conceptually requires the effectiveness and fairness of competition. In order to achieve the purpose of fair competition, the government must create a suitable external environment through the law to provide enterprises with equal opportunities for competition. For example, the antitrust law in the United States, the law against restriction of competition in Germany, the law against monopolization in Japan, and so on. Only by incorporating the activities of all market interest subjects into the legal framework can the orderly and normal operation of market competition be maintained. Intellectual property law is an important part of the legal environment of the market economy, and most of China's intellectual property laws--such as trademark law and copyright law--were implemented during this period.

2. Failure to understand and comply may be penalized

Some enterprises have the idea that "I have no innovation, no patent application, there is no need to understand the patent system", which is a backward concept that lacks the awareness of modern market economy. Patent system is not only when the night with the invention of the role will occur, he is to maintain the market competition in the technology of the public