Intellectual Property Protection Of Business Model Innovation Elements

As Drucker,a management scholar,put it,current enterprise competition is not concentrated in the sector of products,but in the field of business models.Business model innovation,of course,is driven and guided by market and consumer demand,and related enterprises come out by continuous exploration and research.Therefore,for enterprises,a successful business model needs to invest huge human,material and capital into the market.It is a valuable intangible asset of enterprises.In the current stage,China's law does not clearly stipulate that business model innovation belongs to the object of intellectual property protection.Thus,enterprises in the same business field or about to enter the business field can easily imitate and copy the existing business model to enter the business field in a quick way.They don't have to go through a lot of previous market exploration,business channel running in and other experimental investment and other experimental processes,which results in a passive situation of business model innovators in the fierce market competition process.As the increasingly fierce market competition in China,how to find a reliable way of legal protection of intellectual property for the innovation in business model has become a significant legal protection topic in front of Chinese enterprises.At present,how to effectively protect the intellectual property of business model innovation is lack of systematic and comprehensive exposition in legal theory,but the the same time is short of effective policy guidance in practice.In order for truly obtaining the protection of relevant national laws,business model innovation must first have various rights carriers stipulated by relevant laws,like various contractual rights stipulated by contract law,rights of company shareholders and their investors stipulated by commercial laws,patent rights,trademark rights,copyright and other business secrets and other rights carriers explicitly stipulated by intellectual property laws.Because if the protection of rights goes beyond the limits of law,it will seriously violate the principle of interest distribution balance,and may seriously damage the legitimate interests concerning market competitors and the public.Through case study,literature study,comparative analysis and interdisciplinary research,etc,this paper analyzed and demonstrated the current situation of intellectual property protection of business model innovation,the existing legal problems and risks of intellectual property,the relationship between the key factors of business model innovation and intellectual property rights,the theory of property protection of business model innovation and its practical application.In today's international competition,intellectual property protection has been perceived as a key standard for enterprises in the field of international economic and trade cooperation,and a rigid demand for the international development of enterprises.The innovation protection of business model belongs to the research category of enterprise management,while the intellectual property protection of enterprise belongs to the research category of intellectual property law.First of all,the paper summarized the current situation of the protection of intellectual property rights of business model in China.Depending on this situation,it put forth the intellectual property protection mode of innovation elements of business model for the current legal problems and various forms of infringement in the process of intellectual property protection.A complete business model can be subdivided into six parts-market,business,resources,profitability,management structure and corporate culture.According to the legislative purpose of intellectual property for business operators,the innovation of corresponding business model,beyond doubt,will have the opportunity to acquire the effective protection of intellectual property through the brand building,technological innovation and the elements in the process of business management.The brand building of business model includes trademark,advertising language and commodity packaging decoration,which are mainly the elements of brand positioning in the innovation of business model.Patent navigation,business method patent and technology secret in technological innovation are mainly to protect the key resource ability of enterprises.Business secrets of business management primarily protect business management system,profit model,cash flow management and other elements in business model innovation.Through transforming the brand building,technological innovation and innovation elements regarding business model into intellectual property.Tthe essence of the transformation of business model can be seen as assets transformation,from the original commercial assets to the assets protected by law,thus realizing the purpose of law as the escort of business model innovation.In this process,it also offers a stage for intellectual property to play a role of interest balance.