On the establishment of enterprise intellectual property management system

[Abstract] important intangible asset of intellectual property rights of enterprises, their protection has become our country to achieve sustainable Development through science and education strategy and an important measure. In today's era of knowledge economy, intellectual property management system has gradually become the era of knowledge economic Development and operation of the basic elements and an important guarantee for promoting and protecting important legal system of enterprises. proprietary intellectual property rights, regional, time-sensitive legal characteristics. The current management of corporate intellectual property exists in more awareness of corporate intellectual property weak, and businesses realize the effectiveness of intellectual property is not high, enterprises have yet to establish a sound management system of intellectual property rights and other issues. To this end, companies must strengthen the following: raise awareness of intellectual property rights, the establishment of specialized departments of intellectual property management, improve the working mechanism of intellectual property rights, improve intellectual property assessment system.

[Keywords:] Intellectual Property Management System

Knowledge of intellectual property rights under the Law is the product of their creative and intellectual achievements all enjoyed a proprietary right. Intellectual property Laws of the most essential feature is to have exclusive, mainly refers to the rights of people enjoy the results of their intellectual exclusive rights. the role of intellectual property management system is that by giving people the right to a certain time limit has exclusive proprietary rights in order to encourage and promote the right people can open intellectual achievement and to encourage widespread dissemination of the intellectual achievements of reality. being, although there are many beginning to take shape, but also an understanding of intellectual property management system of enterprises, but still not really set up intellectual property management system, there is concern one way or another. I believe that the establishment of intellectual property management The point is the system introduction established under the Law on corporate legal, beneficial, and has an effective system. The focus is the creation of the system, so we must be as business managers, to establish intellectual property rights for their own practice management system.

First, the legal characteristics of intellectual property has
Today's economy from the material world is rapidly changing to a knowledge-based economy. Knowledge economy urgently requires enterprises to further strengthen its protection of intellectual property. Enterprises to strengthen their protection of intellectual property, first we must understand and grasp the intellectual property rights have distinctive legal characteristics. business enterprise of intellectual property including patents, copyrights, trademarks, copyrights, plant variety rights and trade secrets, are the people with creative intellectual labor pool made of an intangible asset, but also the most valuable enterprise knowledge resources . intellectual property Laws usually have the following three characteristics.

First, the exclusive. Proprietary intellectual property rights, mainly refers to the rights of others without the consent or permitted under the Law shall not be entitled to and use of the intellectual property rights. Right where people can take full advantage of this favorable business conditions, more effective use of a good knowledge of products, which won the most economical, and to promote the transfer of knowledge and products to maximize their value. It should be said, and actively introduce knowledge products will not only help companies to avoid duplication of work and indirect business interests can be effectively protected.

Second, the regional. Regional intellectual property, mainly the legal means available to a country's intellectual property rights only in the context of their protection under the law, and to obtain protection in other countries, it must under other provisions of national laws or relevant international agreements, according to specific procedures to obtain. the use of regional business conditions can reasonably avoid the geographical constraints, and the legitimate use of knowledge products provided by others. Of course, right where the business people can also take advantage of the regional value of the enterprise, which won best interests.

Third, timing. The timing of intellectual property, mainly refers to the protection of intellectual property law has provided valid. After the expiration of intellectual property will be withdrawn. Intellectual property right holders with the timing of non- free use of their enterprises owned by others a good knowledge of product opportunities, enterprises must take full advantage of this opportunity.

Second, corporate intellectual property management problems
1. Enterprises are more weak awareness of IPR
Premier Wen Jiabao pointed out: "Protection of intellectual property rights, not only of establishing international credibility, the need for expanding international cooperation, but also stimulating innovation needs. Protection of intellectual property, that is, respect for labor, respect knowledge, respect talent, and create, that is, encourage technological innovation. "However, at present, not only respect the intellectual property of others, but also to protect their legitimate rights and interests of the concept is still a general lack in the enterprise. business leaders, technical personnel, management staff awareness of intellectual property management is also relatively weak, a considerable portion of Business leaders do not attach importance to intellectual property rights, failed to enhance this relationship to work long-term Development strategy of careful study and deployment of knowledge of international rules is relatively poor, very difficult to use intellectual property management system to safeguard their legitimate rights and interests.

2. Enterprises play the effectiveness of intellectual property is not high
As competition in the market preparation and experience a serious shortage of core technologies with independent intellectual property rights are lacking, so many companies are still not able to really become the main body of the intellectual property rights. Light weight papers and patents and so on is also very prominent, even if the company realized that the wealth of intellectual property value and the importance of core competence, but can not make good use of intellectual property rights of this effect. For example, in 2005 China's invention patent applications was 93,000, the application of state-owned and private enterprises is only a thousand pieces. This is the total number of enterprises in China a few hundred million, compared to very small. Many companies are in a "manufacturing" does not "create", the "property" but no "knowledge" of the state.

3. Enterprises have yet to establish a sound intellectual property management system
At present, companies generally do not establish IP management system, and the construction of intellectual property management team is relatively weak. Most of the basic work of intellectual property rights of enterprises is very weak, a large number of existing management systems are inadequate, not enough work measures in place, the effectiveness of the work is not enough was so difficult, far from being a standardized, systematic and comprehensive range of enterprise intellectual property management system.

Third, establish ways of enterprise intellectual property management system
1. Raise awareness of Intellectual Property
Enterprises should be based on the overall strategic objectives of their own Development, earnestly carry out the management of intellectual property rights, which form the core technologies or products, and Research, innovation, production, marketing and so the whole process of implementation of intellectual property protection and management of all aspects among intellectual property has played an active guiding role.

The first is to improve the accuracy of corporate awareness of the importance of intellectual property, intellectual property protection will be upgraded to a new level of strategy and business strategy and production closer together, honestly the practice of the patent application to production, down- contributed to the transformation of the outcome, resulting in real economic and social benefits, and truly let reality speak.

Second, intellectual property management through to technical innovation in the enterprise the whole process so that companies can truly become the mainstay of technological innovation. To focus on increased investment in efforts to constantly enhance technical innovation of the software and hardware level, is fully committed to independent R & D and technological innovation, and fully independent intellectual property rights to increase enterprise library construction, to form its own intelligence support system.

Third, the patent system to the modern enterprise system as an integral part of the task. In the process of building a modern enterprise system, should be implemented in a planned and systematic training and learning, to enable enterprises to truly establish science and Technology workers awareness of IPR patent protection can be a very good grasp of knowledge. to improve the range of rules and regulations through sound, and constantly enhance the level of use of the patent system and patent-protected capabilities.

2. To establish specialized departments of the Intellectual Property Management
Enterprises should be combined with the practical, responsible for intellectual property management services for setting up a special department, or specifically in the Legal Department to manage the intellectual property specialists. As a professional intellectual property management is a very strong business, should have the appropriate expertise to quality of the staff to be competent. number of internationally renowned companies, such as Hitachi, Toyota and other companies, are equipped with in-house as many as hundreds of intellectual property institutions. intellectual property matters including specialized sectors of the application, registration, payment, patent search, intellectual property licensing, transfer, handling disputes, the implementation of education and training, determine the rules and regulations and so on. For the enterprise intellectual property management, not simply Unity, but detailed understanding of the pros and cons of various types of intellectual property system based , there are targeted to select the most favorable form of the enterprise, thereby setting up the multi-angle control mechanisms. For example, the strength of patent protection is stronger, but the duration of protection is limited, but the trade secret has no time limit on restrictions but less is to protect the weak. In view of this, companies can according to the actual situation, the part of the management of Technology as a trade secret. At the same time, also with open patent management in order to achieve technological monopoly and market monopoly. Again In some representatives of corporate image design, not only can be registered trademarks, and copyright registration can be carried out, but can also apply for design patents. If it is well-known commodities, but also according to <"Anti Unfair Competition Law">, for well-known product packaging and decoration such as the right to implement protection. Therefore, intellectual property management is not simple, as long as the Technology class to all patent applications; as long as the identity class to have applied for trademarks, but the points should be taken cross-layer management, the advantages of full use of intellectual property management, to achieve the maximization of corporate interests. Meanwhile, it is worth noting that the term of protection of intellectual property rights is by no means the longer the better, has lost its technological advantage of the patent, or apparently has been a trademark dilution, should pay an annual fee in time to stop to avoid unnecessary expenditure.

Links to Research Papers Download http://www.hi138.com 3. A sound working mechanism of Intellectual Property
First, intellectual property rights to form a sound working mechanism. Enterprises should establish a set of work associated with this system, continue to strengthen the infrastructure of intellectual property rights to the intellectual property rights into being a unified examination system, and establish a system of work incentives science and Technology innovation system and a series of management system.

The second is to effectively enhance their technological innovation. Enterprises to continuously improve the technical innovation system, continue to adhere to the Enterprise Technology Center as the core of technological innovation system, closely around the upgrading of industrial technology and industrial structure adjustment, continuous Development to sustainable development critical and forward-looking technology to effectively develop a number of important technologies with independent intellectual property rights, thereby enhancing the core competitiveness of enterprises. To establish and improve intellectual property protection through the system, speed up the introduction <"Enterprise IPR Action Plan>> pace, gradually building up the intellectual property for enterprise features integrated protection system.

Third, we should actively promote the industrialization of patented technologies. At all levels shall, jointly with relevant departments of intellectual property departments to seriously study and implementation of enterprise technologies with independent intellectual property rights of preferential policies to actively support the technology with independent intellectual property rights of enterprises to achieve industrialization, in particular, to increase core technologies with independent intellectual property rights and corresponding supporting technology efforts to support SMEs.

Fourth, the independent intellectual property rights have been infringed, you should be good at using legal weapons to safeguard and actively respond to cross-border intellectual property disputes. Government departments and industry associations, chambers of commerce to businesses in these areas, an obligation to actively support and help.

4. Improve the assessment system of Intellectual Property
Financing is difficult with the docking results of restricting the industrialization of intellectual property rights of Chinese enterprises two bottlenecks, and intellectual property assets, intellectual property assessment results to promote the industrialization of a key element. If you can not determine the fair value of intellectual property rights, it is difficult in the intellectual property reasonably be expected between the buyers and sellers of intellectual property transactions would be difficult to reach, intellectual property rights achievements in industry will not be able smoothly.

Enterprise should have its assessment of the intangible assets on a regular basis, this is due to intangible assets can be said that total assets in a very important part. To make a reasonable assessment of the intangible assets will not only help to keep abreast of the situation of corporate assets changes, timely adjustment of strategic business development, and according to China <<Guarantee Law "> and some other provisions of the laws and regulations, patent, trademark and copyright and other intellectual property rights is the ability to pledge, you can set the above Right Pledge rights, to intellectual property rights owned enterprises to assess, which will help the enterprises to finance and other business activities. ����, accurate and timely manner of intellectual property assessment, Duiyu the transfer of intellectual property rights, licensing and use, have a irreplaceable important role. intellectual property assessment made mainly by the specialized agencies. enterprises in IPR assessment should consider various factors, such as patent evaluation must take into account the patent belongs to inventions, utility models and designs in Which class, the patent length of time away from the term of protection, the recent market if there are more advanced in similar products or technology.

IV Conclusion
Overall, the establishment of enterprise intellectual property management system is directly related to the survival and development. However, the present, our company's intellectual property management system long way to go, but also the strong support of the community and close coordination. the only way to truly achieve an important objective of protecting corporate intellectual property, so as to achieve organization and building a socialist harmonious society.


References:
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