As the main participants in market economy activities, enterprises are closely related to national economic development and strategy implementation.

in the official discourse system, China's economy has entered a new normal. Under the new normal, it will be difficult for China's economy to continue its rapid growth over the past decade, and the economic development model will be driven by factors and investment scale to innovation. It can be said that driving economic development through innovation is the only way for China's economic transformation under the new normal.

As the main participants in market economy activities, enterprises are closely related to the national economic development and strategy implementation. Compared with the past era of rapid economic growth, enterprises in China need to face more severe and complicated challenges from internal and external factors under the new normal. Realizing business transformation and upgrading through innovation will be an inevitable choice for China enterprises to improve their competitiveness under the new normal. Especially when the domestic labor cost is rising and the internal and external market demand is changing, the innovation ability determines the life and death of the enterprise to a certain extent.

both the improvement of national innovation ability and the development of enterprise innovation activities are actually closely related to the intellectual property system. By endowing the innovation with property rights protection, intellectual property rights enable the innovation subject to enjoy the benefits and competitive advantages brought by the innovation. Imagine if there is no support of intellectual property system, what motivation does the innovation subject have to continue to innovate. For this reason, under the new normal, China enterprises should make good use of intellectual property system and rules, formulate and implement intellectual property strategy, and build an inexhaustible motive force and legal guarantee system for enterprise innovation.

1. Principles for formulating enterprise intellectual property strategy

1. Based on oneself

Enterprises should base their intellectual property strategy on their own actual situation, and must not blindly follow the trend or pursue perfection divorced from reality. Before formulating the intellectual property strategy, enterprises should analyze the competitive situation, development direction and their own position in the industry, and determine the work focus and management mode of intellectual property rights according to the innovation mode and development goal of enterprises.

2. Synergy

In the final analysis, the intellectual property strategy of an enterprise serves the overall development of the company, so the intellectual property strategy cannot be isolated from the overall development strategy of the company, but should cooperate with other business strategies of the enterprise, such as human resources strategy, financial strategy and R&D strategy. Intellectual property management should strive to be embedded in the daily operation of enterprises together with other management activities.

3. Economic Rationality

For most enterprises in China, intellectual property is still a financial expenditure item, and it is still difficult to become a profit source for enterprises. If enterprises in China want to make profits through intellectual property rights, there is bound to be a long way to go. In this case, the enterprise's intellectual property strategy should adhere to economic principles, attach importance to cost control and strive for additional subsidies. Such as abandoning the radical strategy of patent application quantity, regularly evaluating the maintenance value of authorized patents, applying for high-tech enterprise certification, and striving for national or local patent funding.

4. Open cooperation

The intellectual property advantages of enterprises cannot be achieved overnight, but need to be accumulated for a long time. Under the new normal, enterprises should break the concept of self-reliance, but should open the door of cooperation and actively integrate external resources to realize the rapid accumulation of intellectual property strength. For example, through Industry-University-Research cooperation, mergers and acquisitions and other ways to quickly gather intellectual property assets and brand advantages.

second, the core task of enterprise intellectual property management

1. building an effective innovation incentive mechanism

enterprise scientific and technological innovation can not be separated from the efforts of R&D personnel, and mobilizing the enthusiasm of R&D personnel is the key to improve the innovation ability of enterprises. Therefore, it is necessary for enterprises to formulate the reward policy for service inventions, which is also the requirement of patent law. In order to reduce costs, some enterprises often don't reward inventors, or unilaterally formulate lower reward policies. This is not only not conducive to stimulating the enthusiasm of on-the-job employees, but also prone to litigation risks when the inventor leaves his job.

2. Choose a management mode suitable for your own development

The management mode of enterprise intellectual property rights will be different in different stages of enterprise development. For example, in the initial stage, enterprises are often unable to set up a special intellectual property management team and tend to outsource it to an intermediary agency. When the enterprise can set up a special team, the intellectual property management mode will also be divided into R&D-led or legal-led. There is no standard answer to which is better or worse. Therefore, when designing management mode, enterprises should design according to their own actual situation.

3. Taking the acquisition and transformation of intellectual property as the core

The purpose of implementing intellectual property strategy for enterprises is to gain competitive advantage and create value. Therefore, it is very important to accumulate high-value intellectual property assets and turn them into profit sources. At present, the number of patent applications in China ranks first in the world, most of which are contributed by enterprises in China. However, the number of patents alone is far from enough. Only by acquiring more high-value patents and transforming them into actual productivity can intellectual property really become the driving force of enterprise innovation.

4. Prevention and control of overseas intellectual property risks

With? Belt and Road? With the implementation of the strategy, China enterprises will go to overseas markets more, and the intellectual property risks that follow cannot be ignored. For example, Huawei, ZTE, Xiaomi and other companies have been sued by patent fishing companies (NPE) or competitors for patent infringement in overseas markets. Therefore, enterprises in China should plan ahead and lay out patents and trademarks in overseas target markets in advance, so as to enhance the ability of preventing and controlling intellectual property risks.

iii. Basic framework of enterprise's intellectual property strategy

Enterprises involve a wide range of types of intellectual property rights, such as patents, trademarks and copyrights. There are differences in the acquisition, existence and protection of these rights, and their influence on the development of enterprises is also different. Therefore, it is feasible to construct the enterprise intellectual property strategy according to the type of intellectual property. Specifically, enterprise intellectual property strategy can be divided into patent strategy, trademark strategy, copyright strategy and so on.

(I) patent strategy

patent strategy is the most important part of the intellectual property strategy of science and technology enterprises, and its main contents can be divided into patent information utilization, patent application, patent maintenance, patent implementation and reward and punishment policies. What is the goal of patent strategy? Where is the R&D and market, and where is the patent? [Yuan Jianzhong: Theory and Practice of Enterprise Intellectual Property Management, Intellectual Property Press, 211, p. 1. ]

1. Patent information utilization

Patent information is an important source of technical and scientific information. Through patent literature, enterprises can understand the current situation of technology development, track the development trends of technology, monitor the R&D trends of competitors, evaluate the strength of partners and find experts. [Xu Difeng and Freeman Shen: Enterprise Intellectual Property Strategy, Intellectual Property Press, 21, pp. 41-42. Therefore, enterprises should attach importance to the use of patent information in R&D and competition activities. For major R&D projects, patent search should be carried out at important nodes of R&D to adjust the R&D direction, bypass the patent layout of competitors, and evaluate the degree of free implementation of R&D results.

2. Patent application

Patent application is the main means for enterprises in China to accumulate patents and the cornerstone of patent strategy. Whether the patent application can be effectively managed is related to the success or failure of the patent strategy of enterprises. The following nodes need to be highly valued by enterprises:

First, whether to apply for a patent is necessary. Not all R&D achievements should be protected by patents, although patents have strong monopoly power. The acquisition of patent right needs to disclose the technical scheme, and it should be novel, creative and practical. Therefore, for technical solutions with low creativity, short business cycle, poor visibility of infringement (such as internal communication methods) and great commercial value that are not easy to be developed or obtained by reverse engineering, it is appropriate to protect them with trade secrets; On the contrary, patent protection is appropriate for technical solutions with great commercial value, high R&D cost, which are not easy to be obtained and bypassed by competitors, and have great defense function in the target market. [Zhu Xuezhong, Qi Changwen, Shao Yang: On Patent Application Strategy, Scientific Research Management, No.3, 1994. ]

second, when and where to apply for a patent application should be determined by the nature of research and development and the competitive situation. For the pre-research results, because the market prospect is not clear, patent application is somewhat gambling; At this time, the basic technical scheme can be applied and laid out as early as possible, while the peripheral technical scheme applied around the basic scheme can be put forward when the technical scheme is relatively perfect. For the technical scheme to be commercialized, you should apply for a patent as soon as possible to avoid being preempted by competitors. For strategic patent applications, it can be made in due course after analyzing competitors' R&D trends and product layout. The patent application area should be determined according to the target market of itself and competitors, so that we can attack and defend when we enter. First of all, in their own target market, the patent layout should be carried out before the product is launched at the latest to reduce the risk of patent litigation; Secondly, according to the target market of competitors, patent layout should also be carried out. In this way, you can not only take the initiative to sue, but also counterclaim in time when you are sued.

Thirdly, because the objects, acquisition methods, authorization conditions and protection period of the three patents of invention, utility model and design are different, when choosing which patent form to protect an invention and creation, it is necessary to comprehensively consider the patentability, application purpose and economic life of the invention and creation. Generally speaking, it is not difficult for enterprises to choose the specific forms of protection for inventions.

however, it needs to be pointed out that there is a misunderstanding in most domestic enterprises at present, that is, inventions are more useful than utility models, and the gold content in designs is the lowest. In fact, these three kinds of patents have their own advantages, and any one of them can achieve unexpected results as long as it is used properly. At present, product sales do not depend entirely on function and performance, and novel appearance is also the highlight of product marketing, so it is very necessary to protect creative appearance. In addition, the visibility of design infringement is high, and it is easy to judge the infringement. Using the patent right of design can achieve the effect of safeguarding rights in a short time.

fourth, how to control the patent quality. Under the new normal, the pressure of enterprise development and competition is enormous. It is obviously not wise to apply for and maintain patents that cannot bring competitive advantages to the company. Improving the quality of patents has become an inevitable choice for enterprises. We believe that to improve the quality of patents, we must start from three aspects: < P > First, enhance the R&D capability of enterprises;

second, do a good job in patent scheme review;

the third is to control the quality of patent application text;

Patent review is an effective way to control patent quality from the previous stage. Generally, senior R&D personnel, marketing personnel and legal personnel are deployed to form a patent review committee to review the creativity, market value and infringement visibility of technical solutions submitted by R&D personnel, and select relatively high-quality technology or design solutions for patent application.

the text of patent application is very important to the quality of patent, and a good technical scheme can only become a valuable patent after superb patent writing. In practice, more than two patent agencies can be entrusted by bidding to achieve the purpose of competition and comparison; In addition, for the patent application text, the enterprise can recruit professionals to review it, and can also let multiple agencies review each other.

3. Patent maintenance

For enterprises with an increasing number of patents, patent maintenance cannot be ignored. The goal of patent maintenance is to ensure that valuable patents can remain valid. Based on this, enterprises should regularly evaluate and screen out patents that need to be maintained and patents that can be abandoned from the aspects of technology research and development direction, whether they use it themselves, external market demand and whether competitors can adopt it, and do a good job in payment management.

4. Patent implementation

In a broad sense, patent implementation includes not only patent licensing, transfer, capital contribution and pledge, but also patent rights protection. Although domestic enterprises still have a long way to go in patent implementation and conversion, patent implementation and conversion rate are still worth looking forward to with the continuous improvement of innovation ability. At present, domestic enterprises should not only establish a contract management system for patent licensing, transfer and pledge, but also establish a monitoring mechanism for patent infringement and regularly analyze competitors' products.

5. Reward and punishment policies

Reward and punishment policies are related to the enthusiasm of R&D personnel and are very important for enterprise innovation. The patent law stipulates that inventors have the right to claim rewards and remuneration, but some enterprises either cancel the rewards or the amount of rewards is too low in order to save costs. Although this can reduce the expenditure of enterprises in the short term, it is not conducive to the improvement of R&D capabilities in the long run. In addition, the false or failed incentive policy is also likely to cause disputes when the inventor leaves the company.

a more appropriate way is that the enterprise should fully negotiate and communicate with all employees or employee representatives, formulate a mutually acceptable reward and remuneration scheme, or include important R&D personnel in the equity incentive and on-the-job dividend incentive plan, so as to reduce the current cash expenditure.

At present, more and more enterprises begin to implement the patent examination method, and decompose the annual patent examination index to the R&D department or the intellectual property management department. However, it is necessary to emphasize a reality. At present, the level of patent legal departments or personnel in enterprise management is generally not high, and patent output is more dominated by R&D departments. Therefore, the current patent assessment indicators of enterprises should be placed on the R&D side.

(II) Trademark Strategy

The focus of an enterprise's trademark strategy lies in three aspects: trademark registration, use and protection. The importance and attention of these three aspects will be different at different stages of the enterprise. However, it should be emphasized that the enterprise trademark strategy should be combined with the brand operation strategy, and the two cannot be separated. It can be said that the core purpose of implementing the trademark strategy is to establish the brand of the enterprise.

1. Trademark registration

Although China does not force enterprises to use registered trademarks on goods or services, the risk of using unregistered trademarks is relatively high. Especially before the trademark has formed a certain popularity, once it is registered by others, the enterprise will face the risk of being banned by the exclusive owner of the trademark at any time. Therefore, starting from the long-term development of enterprises, enterprises should try their best to use registered trademarks. For trademark registration, we need to pay attention to the following points:

(1) The product (service) has not been moved, and the trademark registration comes first

After the product or service is launched, the trademark attached to it is easy to be registered by a third party. Therefore, enterprises should apply for trademark registration before the products or services are put on the market at the latest. Trademark registration generally takes more than nine months to be approved. Before the application is approved, the applicant can't actually prohibit others from using it. In order to avoid this situation, enterprises can apply for trademarks in the design stage of products or services and strive for approval when they go public.

(2) Trademark design should be combined with enterprise brand marketing

Trademark design should not only ensure distinctiveness, but also be combined with enterprise brand image, that is, trademark graphics and texts should be simple and clear, with positive meanings, which is conducive to showing the good image of enterprises. It should be reminded that the graphic design of trademarks should avoid using other people's works and trademark graphics.

(3) Do a good job in trademark search before application

In order to ensure that the trademark application can be approved, an enterprise should conduct a trademark search before applying for a trademark to confirm whether others have applied for the same or similar trademarks. At present, the website of the Trademark Office can be inquired for free, but due to the lag of data update, enterprises should re-examine it regularly.

(4) Registration covers core and similar categories

In addition to the right to use the registered trademark on the approved goods, the exclusive right holder of a registered trademark may also prohibit others from using the same or similar trademark on the same or similar goods (except those that will not cause confusion). Therefore, enterprises from expanding their scope of use to