How far away are intellectual property rights?
Release time:
2020-08-14
How far is intellectual property from us?
In 2016 , a piece of news called "Huawei's counterattack to Apple to collect royalties" once became a hot topic in the community. Although this news has been circulating in the small circle of the mobile phone industry for a long time, it is absolutely new to the common people-Apple, the top company in the mobile phone industry, has to pay money to Huawei?
According to the licensing registration information published by the State Intellectual Property Office, Huawei licensed 769 patents to Apple in 2015 , and Apple licensed 98 patents to Huawei. Judging from the widely different figures, it is not too much to call it "counter attack. Some people may think that this is because of technology transfer between peers, but in fact, even if Huawei does not have a mobile phone business, Apple will still pay a lot of fees to it, because as a global mainstream telecom equipment supplier, Huawei holds many necessary patents for the 4G standard. In the same way, the reason why Huawei has been able to develop rapidly in the mobile phone business is not only its own patent advantages, but also an important reason for paying fees to patent giants such as Apple and Ericsson to obtain authorization.
From this example, it is not difficult to see that intellectual property, an intangible asset, can be transformed into tangible economic benefits as long as it has certain advantages and is used properly.
Some people may say that network communication is a knowledge-intensive industry with high technology content. It is normal to have many inventions and patents. The main business of peak is traditional manufacturing. When it comes to pharmaceutical industry and research and development of new products, if it is a cement industry with very mature technology, it is too far away from the words "scientific research", "invention" and "patent. However, in the intellectual property knowledge training organized by the company on 11 22 , some examples cited by the teacher subverted this concept-many domestic cement enterprises have more than 100 independent invention patents, which are no less than those owned by Jianfeng Pharmaceutical. This simple comparison of figures is enough to show that our previous understanding of the concept of "intellectual property" is still too superficial, and there are many deficiencies in the work on intellectual property.
According to the official interpretation, intellectual property is the ownership of the results of intellectual labor, which is the exclusive right granted to qualified authors, inventors or owners of the results for a certain period of time in accordance with the laws of various countries. Intellectual property rights are mainly divided into two categories: copyright and industrial property rights. Among them, industrial property rights that are closely related to business operations can be divided into trademark rights and patent rights. As a company with well-known trademarks in China and well-known trademarks in Zhejiang Province, we are relatively familiar with trademark rights in our daily work, and we have also done a lot of work in combating trademark infringement and maintaining market stability; but for patent rights, many people still think That is Edison's "business scope". In fact, this idea is not only wrong, but also a great underestimate of our own ability.
According to China's "Patent Law", there are three types of inventions, inventions, utility models and designs. Let's not talk about the "invention" that looks very "tall". In terms of "utility model", it refers to "a new technical scheme suitable for practicality proposed for the shape, structure or combination of the product". That is to say, whether it is Jianfeng Pharmaceutical or cement, as one of the daily key tasks, technological transformation, process innovation, formula adjustment and process optimization, they are all covered by "utility models"; small inventions and small creations that we have made in recent years to promote "three reductions and three improvements" may become patents; even, every rationalization proposal put forward by employees, Every small innovation carried out may make them the owners of patent rights. As for the design patent, it gives us more room to think.
In today's era of knowledge explosion and rapid development of science and technology, new technologies and new achievements emerge one after another, and the speed of transformation, update and elimination of achievements is greatly accelerated. It is impossible for any enterprise or industry to develop behind closed doors. It is bound to overlap with other industries and other enterprises, especially the application of new technologies and new achievements. In this context, it is almost impossible to invent and create in the "nothing" style like Edison's time. Perhaps because of this, although we are thinking and implementing innovations and improvements every day, and have achieved results and produced practical results in practical applications, most of the intellectual property rights and their derivative values of these results lack sufficient attention.
The current market competition is multifaceted. Although intellectual property rights are intangible "soft power", they often produce "hard effects" that establish competitive advantages ". In recent years, the company has paid more and more attention to intellectual property work such as brand management and patent declaration, but compared with outstanding companies in the same industry, there is indeed a big gap. The implementation of intellectual property strategy focuses on cultivating the awareness and means of supporting enterprises in the protection and utilization of intellectual property rights, and guiding enterprises to enhance their ability to create, utilize, manage and operate intellectual property rights in the market competition. Therefore, while constantly innovating and catching up with others, we should also carefully sort out what we have done and see what we have overlooked over the years that could have been more shining. (Hong Tao)
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