1. What measures should be taken to protect patent rights
1. Implement carefully Laws and regulations for the protection of patent rights. China has promulgated many laws, regulations and departmental regulations for the protection of patent rights, as well as some related judicial interpretations, such as the "Patent Law" and "Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases" ", etc., all laws and regulations for the protection of patent rights must be implemented to the letter. Administrative law enforcement departments and judicial organs must increase the punishment of patent infringements to make infringers fear the law, so that infringements can be effectively curbed. It reflects the role of laws and regulations in protecting patent rights.
2. Enhance the awareness of legal protection of patent rights and increase the popularization and publicity of domestic and international laws and regulations for patent protection. Patent holders should be familiar with the laws and regulations related to their patent rights, improve patent holders' awareness of self-protection, and implement protection measures at all stages from application to authorization.
3. To encourage patent applications, the state should introduce a series of measures to encourage scientific researchers to actively apply for patents, so that patents can be transformed into productivity as soon as possible and benefit the people, especially Pay attention to applying for patents abroad to better protect patent rights.
4. Establish a complete patent transfer mechanism. my country has not yet established a complete mechanism to protect patent transfer. Professional patent evaluators and promotion agencies are also relatively small. There is a phenomenon that “it is difficult to research patents, but it is even more difficult to transfer patents”. Therefore, it is imperative to establish a complete mechanism to protect patent transfer, accelerate the cultivation of patent transfer talents, and create a group of high-quality talents who have patent evaluation knowledge, understand patent promotion skills, and can safeguard the interests of patentees.
5. Strengthen customs protection of patent rights. In my country's import and export trade, many are patented products, some of which are patent infringement products. Patent infringement behavior is both Some are from domestic and some are from abroad. becauseTherefore, in order to protect the legitimate rights and interests of patent holders and consumers and improve the international reputation of our country's products, we should increase investment in human, financial and material resources in customs and patent management agencies to strictly control the country and prevent patent-infringing products from entering and exiting the country.
6. Pay attention to the international protection of patent rights. The international protection of patent rights is achieved through treaties concluded between countries. However, in our country, due to various reasons, patents After the right holder obtains a domestic patent application, he fails to exercise his priority in other member states within the time limit stipulated in the Convention. This causes the patent to lose its novelty in other member states and cannot be protected by these countries. The patent right Human interests will surely suffer. As long as we pay attention to the international protection of patent rights, similar losses can be completely avoided.
In short, the ubiquity of patent infringement is an indisputable fact. In China, any citizen, legal person or other organization that enjoys intellectual property rights will not be affected when its rights are affected. In the event of infringement, you can file a lawsuit with the People's Court and enjoy effective judicial protection. The people's courts independently exercise jurisdiction over intellectual property cases accepted in accordance with the law and are not subject to interference by any administrative agencies, social groups or individuals. The protection of patent rights has been strengthened.
2. What are the main reasons for patent infringement:
1. Ignore the law and interest trends.
2. Scientific researchers have weak awareness of self-protection, allowing infringers to take advantage of them.
3. The management of the patent administration department is not strong enough and it is difficult to safeguard rights.
Patent infringement not only infringes on the national patent management system, but also disrupts the normal economic order. The methods are different and the tricks are innovative, and its main form is the act of counterfeiting other people's patents.
In order to encourage invention and creation, promote technological innovation, help attract foreign advanced technology and overseas investment, and better develop the international market, patent rights must be increased. Based on the strength of protection, taking into consideration the situation of the patent market, as well as the causes and manifestations of infringement, certain protective measures should be taken:
The above is what the editor of Legal Savior Network will tell you. Organized information. To sum up, although patent infringement is still relatively common today, as long as relevant departments actively improve it, scientific researchers seriously protect it, and people actively participate in protection activities, the current patent infringement situation can be brought to an end.improve. If you have any other questions, please feel free to consult online.
No comments yet. Say something...