Effective Measurement for Protection of Enterprise Intellectual

Property

Fuyang Zhao

School of Economics and Management, Dalian Jiaotong University, Dalian, Liaoning, 116028, China

Keywords: Enterprise, intellectual property, protection, effective measurement.

Abstract: With diversified market competition of products, factories and marketing means, the protection of

intellectual property is imminent. Effective measurement should be taken to protect the market based on

immature protection action and consciousness of enterprises. In order to protect intellectual property,

maintenance consciousness should be intensified. Law and marketing activity should be combined to protect

intellectual property.

1 INTRODUCTION

Enterprise's intellectual property includes technique

patent application, intellectual property dispute and

infringement action between enterprises. Enterprise's

intellectual property, innovation and brand strategies

constitute challenges of economic field at present.

Protection activities of product innovation, patent

and brand are improved to lay foundation for market

competition and marketing in famous companies.

With improvement of intellectual property under

market competition, guiders and technicians should

intensify innovation based on intellectual property,

thus promoting market competition force and

adaptability of enterprises.

2 PROBLEMS OF ENTERPRISE'S

INTELLECTUAL PROPERTY

PROTECTION

2.1 Enterprise's delay on intellectual

property protection

Enterprise existence depends on irreplaceability of

internal technology and products as well as support

of consumers. Internal technology and intellectual

property, as the important protection objectives of

enterprises, can bring enterprises with benefits and

link the whole product operation process. As the key

factors of product and technology fields, they can

represent developing level of technology, innovation

and marketing strategy in certain industry.

Intellectual property protection focuses on

enterprise's core technology, brand and product

packing as well as product patent and work of other

enterprises. The principle can promote market

competition in intellectual property and protect legal

rights of stakeholders in the market. With the

development of commodity market and competitive

means, infringement of intellectual property is

common. Infringement contains steal of advanced

production technology, plagiarism of brand

commodity packing as well as misrepresent of

works. The above behaviors go against regulations

to protect intellectual property in General Civil Law

of People's Republic of China and infringe the rights

of intellectual property owners (Wang Yali, Zhai

Jiawen, Gao Jie, Gong Yuepeng, Lv

Yanghong,2014). The products with poor quality

and insurance can threaten market order and life of

consumers. However, diversified products and

information acquisition lag can cause that the illegal

behaviors cannot be controlled in time. In addition,

the defective products with lower price can replace

the optimal ones in individual area.

2.2 Blind protection of intellectual

property

Most enterprises have certain understanding of

intellectual property protection. Actually, the

infringement in the market cannot be effectively

controlled. The reason is that some enterprises

blindly follow and imitate common measurement of

236

Zhao F.

Effective Measurement for Protection of Enterprise Intellectual Property.

DOI: 10.5220/0006448002360238

In ISME 2016 - Information Science and Management Engineering IV (ISME 2016), pages 236-238

ISBN: 978-989-758-208-0

intellectual property protection, instead of deeply

performing individual research on patent, brand and

work. Enterprises or technicians relax the guard of

competition in the same industry, thus causing

unnecessary economic loss and market share

decrease. With the characteristic of non-

independence, intellectual property strategy has been

the important way to adjust marketing strategy,

optimize internal structure and achieve limited

resource reorganization by enterprises. Intellectual

property strategy can rationally apply the core

technology resource to make development and

operation of the product more scientific, thus

promoting the whole competitive force of

enterprises. E.g., Enterprise brand, involving

marketing distribution strategy, advertising means

and market competition mode, can permeate links

including production, output, launch and

distribution. The protection of brand should be

conducted with adaptive adjustment to maximize the

use of immaterial asset. A good logo use and

protection can expand influence of products and

consumer groups, thus inciting consumers' choice

tendency and transforming knowledge into wealth

(Zhang Dong, 2014).

2.3 Irrational methods of intellectual

property protection

Some enterprises cannot crack down on

infringement of illegal traders and enterprises in

time based on certain right-defending consciousness

and channel. This depends on cunning of infringers,

leak and time difference of market supervision as

well as infringement performed by enterprises. E.g.,

Factory B was found to manufacture and sell

counterfeits of Enterprise A at a low price. After

that, Enterprise A called Factory B to stop this

infringement behavior—production and sale of

counterfeits. The sequencing of development and

manufacture was emphasized to clear originality of

products in the later marketing, thus increasing

product delivery quantity. It seemed fair to

infringers, market and consumers. However,

Enterprise A wasn't rewarded, and Factory B didn't

exit the market quickly. With decreased benefit,

Enterprise A was at the edge of delisting. The reason

is that Enterprise A focused on production priority in

the market by useless argument, thus propagating

products of Factory B with transparent profit

relationship. The consumers will select counterfeits

with lower price, thus causing recession of

Enterprise A's products. In right-defending, most

enterprises emphasize uniqueness and originality

rather than original advantage of marketing. The

direct economic loss resulted from uncontrolled

infringement will cause greater damage to the

enterprises.

3 MEASUREMENT OF

INTELLECTUAL PROPERTY

PROTECTION

3.1 Intensifying legal consciousness and

relevant knowledge of enterprises

After product marketing and competition for a long

time, most enterprises emphasize intellectual

property protection more or less. The enterprise with

larger scale and competitive power performs right-

defending more carefully. In developing technology

industry with small and middle scale, the enterpriser

or operator should emphasize intellectual property

protection while developing internal technology and

marketing. The scientific security system should be

formed to promote development of products

according to legal procedure, thus completing

registration link and each step of right-defending

based on law. In addition, after the launch of new

products, enterprises should perform tracking and

environment analysis for a long time, including

regional distribution, competitiveness and marketing

of competitors (Yu Xiangyang,2014). Combined

with practical data, the reliable analysis results are

obtained by professional staffs, thus feeding back

reference information to technical section and

enterprise leaders. If intellectual property is found

damaged in the tracking process, relevant section

will report to the market supervision department

after quick investigation and evidence collection. If

necessary, a lawsuit will be raised to infringement.

The infringers are required to eliminate bad

influence of infringement among consumers in the

market and bear legal liability.

3.2 Protecting core patent in priority

As a special part of marketing, enterprise's

intellectual property contains patent, product design,

brand, special identification, trade name, etc. With

diversification of product market, the concept is

expanding constantly. For enterprises, intellectual

property protection should focus on point, time and

specific form of right-defending. Technicians or

leaders of some technical enterprises should register

core technology of maximum value at the early stage

Effective Measurement for Protection of Enterprise Intellectual Property

237

Effective Measurement for Protection of Enterprise Intellectual Property

237

of development, thus preventing technology risk

such as leak or rush registration. Technology

registration in priority, with advantages including

low cost and high marginal value, can protect

enterprise's specific technology or key development

link. This method widely used in enterprises aboard

should be emphasized in technical enterprises. In

1970s and 1980s, Japan was sharply hit by touching

basic patent technology that American enterprises

had registered with high economic compensation.

Patent is protected for innovation and achievement

as well as initial benefit. For enterprises lacking

order and right-defending consciousness, this trial

can transform the original intention into regulations

and law, thus regulating competition of the whole

technical market and research field. Consequently,

basic and core technology will be the goal of

development and improvement rather than the

restraint of market competition. Enterprise operation

under big data background will be the strong force to

make progress on market and society.

3.3 Legal right-defending and

marketing method adjustment

Law is the best tool for enterprise to protect

intellectual property. After realizing infringement,

leaders and technicians should collect certification

relevant to intellectual property and infringement. If

the certifications are incomplete, leaders should

legally perform registration and patent application of

product packing, brand and technology. Accusation

and recoupment of infringement are legal based on

these above behaviors. Relevant staffs should be

investigated in time because of business secrets of

technical enterprises in some infringement cases. If

necessary, a lawyer's letter will be sent. The

professional staffs of industrial and commercial

sectors should determine responsibility and order the

relevant staffs to stop infringement. Besides of legal

procedure, the present marketing plan should be

adjusted to reply burst cut-throat competition. Right-

defending can be performed through the whole links

of product operation and sale. Large-scale right-

defending in common counterfeit areas by product

distribution section can eliminate confusion of

counterfeits and lead certified good selection.

Consignee and retail outlet are made to give up sale

of counterfeits, thus restraining inflow of

counterfeits from the origin of narrow sense market.

In addition, smart enterprisers should encourage the

whole operation team to face hits caused by

diversified market based on psychological guidance

and nervousness elimination. The consciousness of

intellectual property protection should be intensified

for better prevention.

4 CONCLUSIONS

Individuals should have strong consciousness of

intellectual property protection, thus ensuring legal

benefit of technicians and enterprises. Prosperous

market culture and internal structure of market and

enterprises can be optimized to accord with

characteristics of economic development in future.

Strict law procedure and enterpriser's market

sensitivity are required to reduce infringement and

improve measurements of protection and emergency

for intellectual property.

REFERENCES

Wang Yali, Zhai Jiawen, Gao Jie, Gong Yuepeng, Lv

Yanghong, Situation and Strategy of Intellectual

Property in Jiangsu Province From the Respective of

Patent Application and Authorization, Science and

Technology Management Research, 2014(9): 40-44.

Yu Xiangyang, Legal Relation of Intellectual Property

Usufruct, Modern Enterprise Education, 2014(12):

437-437.

Zhang Dong, Protection Range Definition of Traditional

Culture Intellectual Property From the Respective of

Basic Classification, Academic Exchanges, 2014(7):

93-97.

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