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Why do companies need to develop an IP protection strategy?

Release Time：

2022-08-29

In such an era, the development of intellectual property protection strategy can help enterprises better integrate intellectual property work with overall business objectives, clearly plan intellectual property work tasks, better manage and protect enterprise intangible assets, and form advantageous resources for enterprise operation and development. From the perspective of practice, different enterprises have different cognition and ability of intellectual property, which can be roughly divided into the following situations:

The main purpose of the intellectual property legal system is to maximize incentives for people to make inventions, intellectual creations, or legitimate businesses while protecting the public interest.

知The identification of property rights is an important intangible asset, which occupies an increasing proportion in the enterprise value. According to OCEAN TOMO, a commercial banking firm with Intellectual Capital, 83% of the market capitalization of S&P 500 companies in 1975 was made up of tangible assets (plants, machinery, real estate, etc.).，By 2015, 84% of the company's market value was determined by intangible assets, mainly intellectual property。

From the perspective of practice, different enterprises have different cognition and ability of intellectual property, which can be roughly divided into the following situations:

First, knowing but not knowing.

In recent years, the whole society's awareness of intellectual property protection has increased significantly, and more and more enterprise managers are aware of the basic concept and importance of intellectual property.

However, there are still many enterprises for intellectual property protection cognition is limited to all kinds of qualification declaration, evaluation, award and other activities of passive requirements, know that enterprises should have intellectual property rights, the understanding of intellectual property rights is limited to the "quantity" level, and these intellectual property used to "do" and "how to use" is still vague.

Such enterprises often have not faced the challenges of intellectual property in the real business environment, and intellectual property protection is generally transactional work (patent application, trademark application, declaration of relevant qualifications, etc.).

Second, know little.

Some enterprises have a deeper understanding of the meaning of intellectual property, such as: knowing that intellectual property is to establish a scope of power and build a defensive wall; Knowing that if a business owns intellectual property, it can gain a competitive advantage by "asserting rights" against competitors.

Sometimes it can protect companies from lawsuits to protect business interests and so on. However, the intellectual property practices of enterprises at this level are not much, and "defensive" work is more than "profit-driven" work, often "one case" and "one case to solve one case" (for example, a lawsuit is filed against a product after it is found to be infringing, and a targeted response is filed after being sued, etc.). The intellectual property protection of this type of enterprise is generally manifested as legal work.

Third, skilled application.

Enterprises at this level have mastered the ability to flexibly use intellectual property rights in a series of business scenarios, and intellectual property rights have been well integrated into various aspects of enterprise research and development, production, marketing and so on, playing an important role in operation and development.

Enterprises can be more skilled in using intellectual property as a "weapon" (strategic litigation, cross-licensing, etc.) or a "tool" (analyzing hot spots and gaps in industrial development, etc.) to carry out competitive work.

Enterprises deeply understand that "the right lying in the hand is also a cost", and begin to pay attention to how to reduce the cost of applying for and maintaining intellectual property portfolio, control costs, and systematically evaluate the balance of intellectual property risks and benefits. The intellectual property protection of this type of enterprise is generally manifested as management work.

Fourth, strategic development.

Some international leading high-tech enterprises regard intellectual property as an important strategic asset, not only regard intellectual property as an internal management matter, but also look outside the enterprise, through insight into the future development direction of the industry and consumer preference challenges, actively acquire intellectual property necessary to protect corporate profits and market share, and at the same time, take the initiative to explore. To make the company a leader in the field.

For example, by participating in standardization activities, technology specialization, technology standardization, so as to achieve patent standardization, leading industrial development; Or obtain more financial income through the realization of intellectual property assets, and obtain equity investment income through intellectual property investment. The intellectual property protection of this type of enterprise is generally manifested as strategic work.

Enterprises' cognition and practice of intellectual property are often progressive and cumulative. No matter the size or stage of development, managers should base on the development stage of the enterprise itself, face higher goals, formulate and implement appropriate intellectual property protection strategies for the enterprise, and promote better development of the enterprise. Source: Trademark Knowledge Circle

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