Study On The Intellectual Property Commission Management And Its System

Intellectual property has become the most important intangible assets which has impact on the survival and development of the enterprise. The larger percentage of its share in enterprise assets, the much more vital and competitive the enterprise is. The protection and management of the enterprise's intellectual property had playing an increasingly important role in the survival and development of the enterprise. But a large number of cases and facts show that in international and domestic markets our enterprises'trademarks were registered by foreign enterprises malignant, or encountered Patent Barriers. All that exposed that there is a serious shortage of the protection and management of enterprise's intellectual property. Reasons can not be ignored is that, most enterprises, especially the small and medium-sized enterprises, without the capacity to protect and manage the intellectual property, include the capacity in human, material and financial resources, etc. At the same time, intellectual property services in the market can not provide professional, systematic, strategic services. In this article the author tried to use the comparative analysis method to explore a new mode of the protection and management of the intellectual property of the enterprise.In the first chapter, firstly the author introduced a report about a company used the method of intellectual property commission management effectively promoted the protection and development of the intellectual property. Secondly through the comparative analysis with existed intellectual property protection mode, concluded that adopt the intellectual property commission management to protect intellectual property. Thirdly on the view of civil law theory, analyzed the legal relationship of the intellectual property commission management to defined the intellectual property commission management, then make the comparative analysis between the intellectual property commission management with intellectual property agent, intellectual property trust, intellectual property intermediaries, assets trusteeship, so that specified the characteristics of the intellectual property commission management.In the second chapter, firstly through the classification study and comparative study on the organization form of the intellectual property commission management, the author proposed that the organization form adopt the company system which is market-oriented, use profit as the incentive, in the mode of non-collective management, in the form of company. Secondly the author demonstrated the advantages and the feasibility of the company which is specialized in the intellectual property commission management. Thirdly the author focused on the company's special legal regulation. The author creatively put forward the system of the company's manager, in this system, the board appointment professional executive as the company's manager, but does not allow the manager to do the specific commission management service. This company manager system can solve the management confusion problem in the present intellectual property services. In the third chapter, firstly the author summarized the principles of the intellectual property commission management company's service. Secondly to be guided by these principles, from respects of copyright services, trademark services, patent services, to discuss the content of the company's services. Thirdly the author proposed the proposals on the rule of law on the services, in this part the author creatively put forward the social responsibility of the company.