By Lanbo Jiang
Intellectual property rights are the rights of his or her creative intellectual labor enjoyed exclusive rights, including patents, trademarks, copyrights and other rights. Intellectual property system gives innovators have the legal right to prevent others without the permission of the rights to use, making protection of rights of innovators, a system encouraging innovation. Intellectual property system has been implemented by countries in the world to protect innovation system.
Tool for Market Competition
Science and technology are primary productive forces, the world economy, every major development is the result of technological development to promote, whether national, or enterprise, the first to master the advanced technology, the first to innovation, who will take the forefront in the development. Intellectual property rights as the protection of intellectual innovation, has become an important means of competition in the market.
Intellectual property system gives technology innovators, brand owners in a certain period of time to enjoy the exclusive right to their intellectual products. This right can be called “legal monopoly, winner takes all.” To any other person to use their innovations, brands must be with the agreement and pay the appropriate fees.
Violation of this exclusive community will conduct a variety of legal measures of sanctions, which can effectively stop without innovators, brand owners permission to use innovation law, brand behavior, maintain innovators, brand owners stakeholders.
In order to capture the market, many international companies have increased in China’s patent portfolio. Foreign companies in China commonly used strategy is the first patent monopoly, then the standard monopoly, and then massive occupation of the Chinese market. “International brands in China, the number of patent applications based on the Chinese market, the standard supply and demand, market potential of Chinese enterprises in which large areas in which international brands will seek patent protection, so you can maximize the inhibition of the rise of domestic brands the speed. “State Intellectual Property Office Yang Tiejun, Deputy Secretary pointed out.
In recent years, becoming stronger as the awareness of independent innovation and related policies, have made the domestic trademark registration application, utility model patents, design patent applications leapt on board the world’s No. 1 position soon.
However, China’s patent system and intellectual property rights by law enforcement environment, companies will be more to create small applications for the invention and utility model patents, technological level and competitiveness with foreign companies, there is still a large gap.
At present China with independent intellectual property core technology for enterprises of only three ten thousandths, 99% of enterprises do not apply for a patent, 60% of companies do not own the trademarks; Many companies are in a “manufacturing” no “create”, the “property rights “no” knowledge “of the state, some companies even survival depend on imitation and counterfeiting. These are clear to the Chinese patent “Mishap”: quantity, poor quality, competitive patent worrying. The lack of independent core technology of many industrial status, as China’s industrial development and economic construction of the serious constraints.
The Basis of Corporate Brand
As we all know, our traditional manufacturing scale, “China” has long renowned overseas, but no doubt is a traditional manufacturing technology level is not high, lack of independent brands, hard to compete with international brand companies. In particular, a large number of processing enterprises, using relatively cheap labor in China for international brands OEM production, processing fees for modest, the lack of ability to resist risks, and, as China’s economic development, labor, rising income levels, many stickers card processing companies survive difficult to sustain. Faced strong pressure transformation and upgrading.
Leather industry as the traditional manufacturing industry is facing the same problem. Although China’s leather industry output, output ports of the world’s first, is real leather producing countries, but low value-added products, high-end market has long been monopolized by foreign brands.
Industry to sustainable and healthy development must change the mode of development, strengthen independent innovation and brand strategy to improve intellectual property rights. Brand strategy is on the trademarks, trade names (size), goodwill and other intangible assets of the investment, operation and to develop the economy, the development of industry, the development of enterprise management mechanism and competitive strategy.
Specifically, is the brand awareness, striving to well-known brand to brand promotion, and promote industrial development.
Trademark registration is the basis for the implementation of brand strategy. A good logo design does not mean that a good trademark. A good mark in the long-term use, the building has been carefully cultivate, promote, maintain and gradually formed, which are inseparable from the protection of the law. In most countries and regions in the world, the law prior to registration of trade marks are protected by the principle, the same mark, the first to apply for trademark registration to obtain trademark registration, the trademark belongs to whom, the law provided for its registered trademark legal protection.
Worth noting is that trademark protection is a regional, that in a country or region to obtain registration of the mark, only in the country or the region as a trademark protected by law, without obtaining trademark registration in other countries or regions still belongs to an unregistered trademark can not be registered trademarks of legal protection.
Some companies are accustomed to first hit the market, good market prospects see only after the registration of its trademark to apply, but to apply for trademark registration until their own often find their earlier mark has been registered by others, and caused very passive situation.
International Registration of Marks is the first step into the global market in international trade, in order to export their own brands, trademarks must be registered in the country, otherwise, can only OEM for others to do the wedding gown gives way wage, earned by only the low end of industry value chain.
China’s leather industry relies more recent years, more and more Chinese products into the international market, if the brand is registered by experience, would mean the loss of the country (region) of the market. Re-registered trademark, re-create a brand re-enter the country (region), will spend a great price.
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