The Research On Patent Proptection Of Chinese Enterprises In The International IPR Environment

Along with modernization and economic developments, the importance ofIPR protection under corporate governance in current international IPRenvironment is on the rise. On the perspective of IPR protection, corporategovernance structure of enterprises, including high tech enterprises with coretechnologies being protected by IPR such as patent and local enterpriseswhich need to explore their overseas market by IPR, shall be furtherimproved and optimized by incorporating into IPR so as to upgrade thedecision-made layer of IPR relevant affairs. And it shall be defined clearly inits corporate charter.Corporate IPR strategy shall be regarded as part of corporate operationguidelines and be included in the content which need to be decided byshareholders’ meeting. Then it can be deemed as shareholder’s lawful rightsand be embodied in rules of shareholders’ meeting in order to graduallystrengthen the function of shareholder governance in IPR protection. As tooperation plans which need to be decided by board of directors, long termand short term IPR plan can be counted in as one of important issues to bedecided by board of directors. It is required that part of board members ownsbackground knowledge in making IPR decisions. In order to ensure theimplementation of royalty and diligence of chief IPR officer in the companyand implementation of corporate IPR strategy, it is necessary to require manager to nominate chief IPR officer for board of directors to make adecision. Board of supervisors shall carry out supervision work to all saidissues and may ask for change if there is something abnormal in order toensure the effective implementation of corporate IPR strategy. Informationon intangible assets such as IPR concerned in corporate IPR protection andpotential risks and lawsuits related with corporate IPR shall be listed on thevital information which shall be truly revealed to public.Besides corporate governance structure shall be optimized and specified incorporate charter, under corporate governance, certain space shall be sparedfor creation of entrepreneurs, i.e. there is a demand of consistentlyimproving its internal IPR strategy, such as patent strategy so as to get theenterprise be ready to response quickly to outer environment and ensurecontinuous development of enterprise. There are some difficulties for theenterprises and they are: Foreign companies has made a lot of fences bypatents, Chinese enterprises don’t realize the importance of patent protectionand the quality of applied patents are not so god, Chinese enterprises don’trealize the importance of international patent protection, Chinese enterprisesdon’t carry out pre-warning work before exporting goods to other countries,etc. Thus, it is suggested that on the one hand, Chinese enterprises should beproactive in enhancing patent protection, e.g. enhance innovation to applymore basic patents, develop surrounding patents, preemptive application ofpatents, and make full use of patent literature, especially expired patents. Onthe other hand, Chinese enterprises can answer the risk of patent disputes bypassive fortification, e.g. request for invalidation of the patent right, patentpre-warning, employment of other design, etc.