Study On The Protection Of The Enterprise Intellectual Property Overlapped

Under intellectual property rights government by law environment, each benefit main body, including intellectual property rights person, knowledge product user and disseminator all are authorized to seek and to obtain maximized the benefit, protect own right benefit to free from aggression or the hindrance. Commercialize highly along with the science and technology development and the society, the intellectual property rights extent of protection expands unceasingly, trademark rights and copyright, domain name and trademark rights, trademark rights and outward appearance design power, company power and trademark rights etc. Market economy condition our country enterprise, in seeks in the innovation foundation under the core competitive power as well as in the competition premise maximized benefit process, is facing the test which these questions bring. The enterprise needs to study the decision-making, weighs each right type in enterprise's value orientation, analyze competitor' trends. Applies the game theory in the enterprise intellectual property rights overlaps in the protection, is advantageous in the enterprise in consideration cost, benefit, risk, right nature and so on factor in the foundations, according to enterprise's special details, formulate to suit the intellectual property rights strategy which this enterprise develops, union protecting and management, resist intellectual property rights are infringed, meanwhile, create economical profit. Based on above ponder, the paper launches according to the following mentality:The article first part is about the right overlaps in the protection theoretically rationality and the practice necessity. The boundary of Intellectual property expands dramatically, because of the high speed of technology development and the highly commercialized society. There are many new objects appeared, this is the right reason that the once isolated intellectual property overlapped. Some special right objects such as arts, handwriting works, and trade names etc, can be the adjusted objects of several intellectual properties at same time. That is the source of the estate that several persons have several rights on same object according with several legislations. Secondly, the system of intellectual property right is the base of intellectual property overlapped, because of its separated administrations. Overlaps in the protection the game theory introduction enterprise intellectual property rights right, The enterprise pursues in the intellectual property rights law scope the maximization benefit, and the game theory is precisely kind of research theory, applies overlaps in the protection in the enterprise intellectual property rights, how namely the enterprise (do enterprise operators) carry on the strategy choice to cause own benefit maximization.The second part is about enterprise's each intellectual property rights right type mutually between overlapped conditions. Key in enterprise patent and business secret, trademark rights and copyright, domain name and trademark rights, and utilizes the game theory in various part of rights overlaps in the protection strategy, overlaps the protection choice optimal solution for the enterprise intellectual property rights, thus the enterprise own can obtain the maximized benefit in the intellectual property rights method scope, meanwhile lossless in public (including competition opposite party) benefit, thus achieves one kind of win-win aspect.Last part is about basic conception of the enterprise intellectual property rights right overlaps the protection. The author obtains from two aspects, one aspect is the conception about Legislation stratification plane, uses the unified intellectual property rights statute book is ideal solved the question way, compare with the intellectual property rights single line legislation pattern. Another aspect is the conception about enterprise level. Using the game theory in overlapped the protection of the enterprise intellectual property rights, according to enterprise own special details, formulate the intellectual property rights strategy which suit to the enterprise' development. In brief, if the enterprise wants to obtain the maximized benefit, enterprise leaders should use game theory, formulate intellectual property rights strategy, and establish enterprise intellectual property rights protection system. Union protecting and management, resist intellectual property rights are infringed, meanwhile, create economical profit.