On the current situation and problems of patent au

2022-08-26
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Brief discussion on the current situation and strategic planning of tobacco packaging design patent authorization in China

Abstract This paper systematically analyzes the current situation of tobacco packaging design patent authorization in China (hereinafter referred to as: the patent). In view of the fact that Chinese tobacco enterprises are still weak in establishing independent intellectual property rights and developing the patented technology, establish and improve the effective mechanism and patent strategy for developing the patented technology. Establish an effective strategic plan in all aspects of the enterprise involved in the patent property strategy. Analyze the existing problems, Evoke Yanpu endurance score (002225 grass manufacturing enterprises attach importance to the design patent of tobacco packaging, so as to create a good and fair competition environment. It is an irreversible trend for the economic system to be in line with international practices.

keyword design patent authorization tobacco packaging

China is the world's largest tobacco producer and consumer. After China's accession to the WTO, although foreign tobacco is not enough to change China's existing tobacco pattern within 3 to 5 years, this The past few years are an important period for the reshuffle of China's tobacco market and the relocation of the industry. The fierce competition between domestic and foreign cigarettes for the retail terminal market has also begun. In order to get as much market share as possible to retain the brand, domestic tobacco factories have shown their magic powers in advertising, packaging, communication and other aspects, and constantly pushed through the old to bring forth the new. As a result, China's tobacco packaging market has also witnessed an unprecedented prosperity. The packaging of domestic tobacco has far exceeded the packaging level of some international brands. Domestic tobacco packaging has created a historical precedent of world packaging. Zhao Jiaxiang (1999) talked about the conditions for authorizing the patent right of design in his book "reexamination and invalidation cases of design patent". Article 23 of the patent law stipulates that "the design for which the patent right is granted shall be different or similar to the design publicly published in domestic and foreign publications or publicly used in China before the application." However, the authorization of domestic tobacco packaging design patents is limited, and most tobacco factories have zero authorization in terms of this patent. Why

I. authorization status of the patent at home and abroad

(I). China's first patent law was officially implemented on April 1st, 1985. China's first special issue on tobacco packaging design was authorized on August 10th, 1986 (patent number: CN 2). The scope of tobacco packaging covered in this paper is 27 categories of "tobacco and smoking utensils" in the international design classification. Because this article only involves cigar boxes, cigarette boxes, tobacco cans and cigarette bags with sub item 06 in the middle. Therefore, this paper does not include the design patent research of other sub items. Gao Lulin (2000) mentioned the definition of design in the book "interpretation of the patent law" in the Chinese patent tutorial (Article 2, paragraph 3, of the rules for the implementation of the Chinese Patent Law). Design refers to a new design that is aesthetically pleasing and suitable for industrial application to the shape, pattern, color or combination of products. Zhao Jiaxiang (1999) said in his book "design patent reexamination and invalidation cases" that design, as an indispensable part of industrial product design, not only beautifies products, but also enhances the competitiveness of products in the market. Its importance has become increasingly apparent in today's fierce market competition. The development of science and technology and large-scale industrial production make the internal composition of many products tend to be consistent, and the appearance design often becomes the most important means of competition for the manufacturers of these products. In recent years, people are glad to see that in addition to the continuous improvement of internal quality, the appearance of goods on the Chinese market has become more and more beautiful. However, we should also see that due to the short history of China's patent system, many enterprises or individuals do not know much about the legal and practical issues of design patent protection in terms of design patent authorization. Some people are not clear about the conditions for obtaining design patent rights, and some people can't correctly grasp the scope of protection, resulting in blind application or loss of the rights that should be obtained, and even infringement on others

compared with some internationally renowned multinational companies, the authorization status of China's tobacco manufacturing enterprises with this patent is still at a very early stage, and even the work of some enterprises with this patent is almost zero. The main reasons are that after the establishment of the knowledge base, the overall awareness of property rights is relatively weak, the overall level of this patent is low, the proportion of service inventions is small, there is no incentive mechanism for the development of independent patents, and there is no patent strategy, The orientation of scientific and technological behavior of enterprises needs to be adjusted. Since China's entry into the WTO, more and more international famous foreign cigarette brands have entered the Chinese market. For example, foreign cigarette enterprises such as Fei mo (PM Marlboro, L & M), type I sample with an arc-shaped transition zone with a radius of 75mm from the end to the working section, British American tobacco (bat-555, Jianpai), Japan Tobacco (jt-mild seven stars) and Reynolds (RJR camel) have paid enough attention to the licensing of design patents, To ensure their own interests. There is still a big gap between China's tobacco industry and foreign tobacco. This patent layout is usually several years ahead of the market. The patent authorization of Japan Tobacco in China is more concentrated at the end of the last century, and so far its growth rate is still very fast. Therefore, in order to make great progress, China's tobacco manufacturing enterprises need to standardize the competitive order to highlight the brand personality and brand style, and the patent authorization is the most effective means for tobacco manufacturing enterprises and designers to protect their intellectual achievements, so that their rights and interests can be protected by law, and help promote the innovation enthusiasm of tobacco manufacturing enterprises and designers, and improve the added value of tobacco products. Zhaojiaxiang, director of the appearance appeal Department of the Patent Reexamination Board of the State Intellectual Property Office (1999), said in the book "reexamination and invalidation of design patents" that enterprises should respect knowledge and talents, pay attention to the introduction of talents and new technologies and processes, so as to continuously improve the quality of product appearance design. Comrade Deng Xiaoping pointed out in 197 that "the key to our modernization is to improve science and technology. We can't develop science and technology without education. We can't achieve modernization by empty talk. We must have knowledge and talents." Enterprises should get rid of the shackles of old conventions, adopt a scientific attitude towards all achievements of human civilization, realistically analyze the needs of the market and seriously study the current situation of technical design. Designers should participate in the production decision-making of enterprises, so that they can give full play to their intelligence and creativity in production practice. Enterprises should place designers at the leading position in the development and production, and pay attention to constantly improving their ability and level of designing products, so that they have time for further study, research, data collection, exhibition visits and academic activities. They should also pay attention to establishing and improving the management of data and information needed by designers. Further pay attention to the reward of design results, break the rules, and take the economic benefits generated by the design and production as the basis of reward. The patented design of the enterprise shall be resolutely implemented in accordance with the provisions of the detailed rules of the Patent Law on the reward for designers of service invention and creation, so as to encourage the creative work of designers

Hu zuochao (2001) said in his book patent management that if we do not formulate corresponding patent strategic countermeasures from government departments to enterprises as soon as possible, as a result of the continued development of this situation, the technological progress and development in many technical fields of many industries will be blocked and restricted by these foreign patented technologies, and we may lose our dominant power in technological progress, The vast market of our country will be occupied by Western technologically developed countries, and the development and progress of our national industry will pay a high price for this. Therefore, the situation we face is grim. The patent crisis is approaching Chinese tobacco manufacturing enterprises step by step. First, enterprises have no sense of hardship, competition is the inexhaustible driving force for development, and enterprises have not really felt the pressure from market competition. Generally speaking, it is still passable now, and what will happen tomorrow has not been considered; Second, there is no development vision, there is no view of the problem from the perspective of enterprise development strategy, and there is no awareness of the future competition. Now we don't pay close attention to it, and it will be late when the competition intensifies: Third, the idea of being eager for quick success and instant benefit is making trouble, thinking that it will take a lot of time and cost to engage in research and development, and the technology of others can be used after being introduced, isn't it better? But I don't know that technological innovation is a long-term accumulation process, and I can't do without this foundation. As far as China tobacco is concerned, can this crisis from the patent be spared

at present, the competition of China's tobacco enterprises is not only the competition of resources and labor such as capital, raw and auxiliary materials, but also the competition of technical capacity, knowledge capital and human capital. The innovation of the patent and the scientific and technological content of products are becoming more and more dominant. The patent innovation ability of an enterprise has a lot to do with the quantity and quality of intellectual property it owns and applies. The number of patented technologies and the number of non patented technological achievements of an enterprise are important indicators of its R & D ability and an important symbol of its scientific and technological strength. Tobacco enterprises implement the patent strategy, increase the research on original technologies and methods, and reasonably formulate the protection strategies of scientific research achievements and the patent property rights, which are the necessary means for enterprises to improve their core competitiveness in the domestic and foreign market competition, so as to maintain and expand the advantages of talents, technology, market and so on, and improve the sustainable innovation ability of enterprises

Hu zuochao (2001) said in his book patent management that under the situation of significantly accelerating the process of trade globalization and liberalization and the declining role of tariffs and traditional non-tariff barriers, western developed countries have adjusted their strategies in order to seize the competitive advantage in the world. On the one hand, they pay more attention to scientific breakthroughs, on the other hand, they pay more attention to the development and application of competitive technologies, especially high-tech technologies, And obtain patent protection to obtain the initiative in international market competition. Tang Anbang (2003) said in his book "analysis of intellectual property judgment" that according to China's patent law and relevant laws and regulations, the determination of whether the infringement of the patent right of design is determined by whether the doer has used the same or similar design without authorization. When examining whether the design of the alleged infringing product is the same or similar to the design patent of the obligee, it is necessary to examine whether the shape, pattern or combination of the two designs or their combination with color are the same or similar. When words are used as patterns, they shall be examined as patterns. Words that are not used as patterns are not within the scope of design examination, but are protected by other laws and regulations. To judge the similarity of appearance design, we should focus on the overall consideration of grade 3.3, and observe it from the perspective of general buyers

"third rate enterprises work hard, second rate enterprises sell products, first-class enterprises sell technology, and super first-class enterprises sell patents" is biased, but it emphasizes the importance of the enterprise's patent strategy and patent technology in a certain sense. At present, some multinational companies have begun to frequently file lawsuits against Chinese enterprises on various patent infringement issues, and many domestic enterprises have paid a huge price for this. Therefore, it is urgent for technology-based enterprises to formulate and implement the patent strategy. only

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