East to intellectual property rights of science and technology operations center is shenzhen east poly technology co., LTD to make one of the main business of patent operation more professional and established by focusing on the, and to take this platform to run on intellectual property rights and the related business. The intellectual property rights operation center by a group of experienced, with international vision, high quality, energetic and capable professionals. Members of the center, master's or above personnel more than 50%, at the same time have the lawyer qualification and patent agent qualification personnel account for 40% of the team, fully combined with business on intellectual property rights and the law.
Intellectual property operations center have been trying to integrate market intelligence and intellectual property rights; Effective management of the existing intellectual property rights, tracking and guidance technology innovation and access to new technology and the patent; In a positive, open and cooperative attitude of multi-level and multi-dimensional patent operation, region, industry, continue to strengthen and intensify the existing operating model, and actively in the aspect of judicial remedy and administrative remedy for a variety of innovative operation attempt to fully protect the interests of the shareholders, create a continuous source of profit for enterprises.
At present, the company's intellectual property rights and the center of the work received the affirmation of the parties, among them, the enterprise by the state intellectual property office of the first batch of "national" intellectual property rights exemplary enterprises; In 2012 by the world famous "iam" (Chinese name "knowledge assets management) magazine identified as" having world-class intellectual property creation, management and development mode of Chinese companies "; In 2013, the core of the enterprise patent more get top prize of Chinese intellectual property rights - the 15th China patent gold medal.
Intellectual property policy: motivation to create, beginning to end, scientific management, professional operation, innovation and create value.
Intellectual property goals: integrating global resources, help China create, realize the value of intellectual property, promote industry development.
Common patent q&a:
Q: what are the patent type? How long is the valid?
A: patent including invention patent, utility model patent and the patent of appearance design. A patent for invention refers to products, method or the improvement of the proposed new technology solutions; The patent for utility model refers to the product's shape, structure, or their combination of the proposed scheme suitable for the practical new technology; Patent of appearance design refers to the product's shape, pattern or their combination, and the combination of color and shape, pattern made by the rich aesthetic feeling and is suitable for industrial application of the new design.
Invention patent protection period for 20 years, utility models and designs the patent protection period for ten years.
Q: patent infringement to bear any legal responsibility?
A: according to the relevant laws and regulations, patent infringement behavior person to bear the legal responsibility has three, respectively is A civil liability and administrative liability and criminal liability.
The administrative liability: for patent infringement, the patent administrative department shall have the right to order the tortfeasor to stop the infringing act, shall be ordered to correct, fines, etc.
Criminal responsibility: in accordance with the provisions of the patent law and criminal law, counterfeiting patent, if the circumstances are serious, deal with relevant personnel shall be investigated for criminal responsibility according to law.
Civil liability: 1, stop the infringement, refer to the patent infringement behavior person shall, according to the processing of the patent administrative department or the people's court's judgment, to immediately stop ongoing patent infringement. 2, eliminate the influence, in the tortfeasor implementation for patent infringement behavior products in the market reputation cause damage, tortfeasor should use the proper way to eliminate the impact of legal responsibility, to eliminate the adverse effects on the patented product. 3, compensate for the losses.
Q: if the patent infringement, to bear many economic liability to pay compensation?
A: according to the regulations of the patent law of the People's Republic of China article 60: patent infringement compensation, according to the obligee for lost by the infringement or the infringer for infringing the interests determine; Losses which the patentee or the benefits are difficult to determine, refer to the patent license fee multiples are established. Issued by the supreme people's court on the trial of patent disputes provisions of applicable law issues (hereinafter referred to as: "the regulations"). In the regulations, the provisions of the supreme people's court for the following calculation method.
To the patent holder for infringement or damage to the infringer for infringing the interests determine compensation:
1, the right holder for lost by the infringement can be according to the patent holder of patent for infringement caused by product sales to reduce the total number of times each patent product volume calculation of reasonable profit. Holder of sales to reduce the total number of difficult to determine the total number of the infringing products on the market sales of reasonable profit multiplied by each patent product product can be regarded as the obligee due to the damage by infringement.
2, the infringer for infringing the interests may, according to the total number of the infringing products on the market sales multiplied by each piece of the infringing product volume calculation of reasonable profits. The benefit (received by the infringer because of tort generally calculated according to the operating profits of the infringer, for is based solely on possession of the infringement of the infringer, can be calculated according to the sales profit.
3, refer to the patent license fee for 1 to 3 times more reasonable compensation; Premise is in application of this method: losses which the patentee or the benefits is difficult to determine, and patent licensing fees may follow.
4, according to the category of the patent right, the infringer factors such as the nature of the infringement and the plot, determine the compensation not exceeding ten thousand yuan and one million yuan. Premise in application of this method is: the losses which the patentee or the benefits is difficult to determine, and there is no patent license fee can obviously unreasonable the reference or patent licensing fees.
Apart from the above basic calculation, in judicial practice, there are still some patent infringement compensation calculation, based on the experience of the Supreme Court judgment of intellectual property rights, judicial practice has the following kinds:
1, with rights usually, reasonable transfer fee and royalty, such as income compensation as a standard for compensation. Patent fees, transfer fee and other general by the parties in the contract, the contract standard, as well as in the same industry, the same level of fee standard of other units. These standards are generally is objective, not be affected by factors of disputes between the parties.
2, to the holder of the infringed product or reduce the amount of the drop in sales during the infringement by the products of the right product profit per piece, as claimed.
3, obtained by the infringer during the period of infringement of the implementation of the infringement to deduct tax all reasonable costs, such as profits, as claimed.
4, to the holder of the right products reasonable average profit per piece or the industry average profit per piece of the product, and the infringer infringing product quantity of the product as compensation. This method to the infringer audited loss too low or too little profit that compensation is very effective.
5, for investigation and reasonable expenses incurred by the other to stop the infringing act, including attorney fees, right people buy infringing goods (evidence) spending, to collect evidence for the evidence preservation of notarial cost, for audit evidence to purchase equipment, elimination of the influence of infringement fee (ads), reasonable travel expenses, etc. Can be calculated in the damages.
Q: to determine the compensation is patent infringement shall be counted all the style products?
A: no, in the judicial practice, the amount of patent infringement compensation is based on each product as an individual unit are calculated respectively, and not all of the infringing products as A whole to calculate the compensation amount.
Q: to determine the compensation is patent infringement shall be counted all the style products?
A: no, one million yuan is the highest court deliberating, the limit is not the limit of the infringer of economic compensation responsibility. Such as schneider electric company by the first-instance court ascertained that infringement of the patent right for chint group co., LTD., economic compensation responsibility $334869872.00 (330 million yuan), and the hunan corun new energy co., LTD. V. the high and new technology materials (dalian) co., LTD., the British can be high and new technology materials (shenyang) co., LTD., for patent infringement, the court found the two companies bear 29814197.96 and $24774350.00 (a total of more than 54.58 million yuan) economic liability to pay compensation. The example above is just a case, there are many other companies or individuals because of the huge economic amount of compensation liability for patent infringement.
Q: the east gathered into a patent licensing company what way?
A: the patent law stipulated in article 12: "any unit or individual to implement patent to others, shall conclude A licensing contract with the patentee and pay royalties to the patentee." Oriental to science and technology will be in a fair, reasonable and open negotiations with any third party patent license. East to science and technology for the patent license is not limited to a certain, based on the principle of consensus, adopt different ways of authorization, including not limited to, 1, a one-time authorization (i.e., only for a certain number of patented products authorization); 2, long-term authorization: A, according to the sales proportion make patent can charge B, quantity according to the production of patented products for patent licensing fees C, fixed line (that is, the patent license fee) in A certain time, such as A variety of flexible ways, more details, please contact the east together into science and technology.
Q: what are now east to the company the rights of way?
A: rights: including not limited to A lawsuit to A people's court for infringing party; B requests at the scene of the administrative law enforcement to investigate and punish, seized the infringing products; C to the customs for the record, put an end to the infringing product output and input from import and export channels. For unauthorized licensing production of patent products to any third party without authorization, east to science and technology will be through legal channels to safeguard the legitimate rights and interests of the obligee.
