source:other news release time:2023-04-24 Hits: Popular:led screen wholesaler
1. R&D process
For high-tech enterprises, new technologies and products are the core competitiveness of the enterprise. The intellectual property risks faced by the enterprise in the research and development process (including technology research and product development) mainly include: (1) repeated research and development without searching before research and development; (2) R&D personnel lack awareness of intellectual property protection, and the disclosure of technical content leads to the inability of new technologies and products to obtain patent protection; (3) Improper confidentiality measures, poor management, or loss of core R&D personnel resulting in technology and products being imitated or plagiarized by others; (4) Failure to conduct intellectual property risk investigation before research and development, resulting in product infringement of prior rights of others; (5) In cooperation with other units, failure to clearly agree on the ownership of technical achievements leads to self establishment of competitors or legal use of technical achievements by competitors; (6) Unclear agreement with R&D personnel resulting in intellectual property ownership disputes.
2. Procurement process
The purchase of means of production is the premise to ensure the production and operation of enterprises. The intellectual property risk involved in the purchase process is mainly the risk of infringement of means of production such as equipment, instruments, materials and components purchased by enterprises due to infringement or suspected infringement of others' intellectual property rights, as well as claims and disputes between enterprises and suppliers due to intellectual property issues. Because the obligee can claim rights from any manufacturer in the supply chain, the enterprise may also become the defendant due to the purchase and use of means of production suspected of infringement. Once a lawsuit is involved, the enterprise needs a large amount of manpower and resources to respond to the lawsuit case, and may also face the dilemma of accused infringing equipment, materials, etc. being unable to continue using. If the contract between the enterprise and the supplier does not clearly stipulate the supplier's guarantee and compensation liability, it is difficult for the enterprise to claim compensation from the supplier for the litigation costs and losses incurred.
3. Production process
Whether an enterprise has its own factory to independently manufacture products, or entrusts other companies to manufacture products, or is entrusted by other companies to manufacture products, the intellectual property risks in the production process cannot be ignored. If a company fails to maintain confidentiality during the production of its own products, there is a risk of leakage. When enterprises entrust other companies to produce products on their behalf, they will provide relevant technical information, and there is a risk of technical solution leakage during the cooperation process. For example, Apple commissioned Foxconn to produce the iPad 2, and Foxconn's R&D department sold the data on the back of the product for a fee. The buyer used this data to create a protective case for the iPad 2 in advance, putting Apple and Foxconn in a very awkward situation. When an enterprise serves as a trustee, if the principal is not the right holder and has not obtained authorization from the right holder, the entrusted party is easily caught in the trap of infringing on the intellectual property rights of others.
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