Research On Legal Risks And Countermeasures Of Intellectual Property Rights In The Cultivation Of High And New Tech Enterprises

Innovation is the primary driving force for development.To innovate,we need to develop high and new technology,which is of great significance for building a powerful country in science and technology.Our country has issued a series of incentive policies for high-tech enterprises to actively cultivate and develop high-tech enterprises.However,there are many legal risks of intellectual property in the process of cultivation and development.In the identification standards of high-tech enterprises,the requirements of intellectual property rights are relatively high.In order to meet the requirements and pass the identification of high-tech enterprises,enterprises under cultivation or independent research and development or purchase are often accompanied by various legal risks in the process.Due to the requirement of R&D cost input in the identification standard,and the enterprise development also needs a large amount of capital,many enterprises in the cultivation hope to carry out intellectual property mortgage financing,which generates related legal risks.In addition,the service quality of science and technology intermediary service agencies is uneven,and legal risks inevitably appear when providing intellectual property services.The research on intellectual property legal risks cultivated by high-tech enterprises involves many contents.According to the needs of theoretical research and investigation practice,the main contents of this paper are as follows:The first part is the introduction,which mainly introduces the domestic and international background of the research,the purpose and significance of the research,the status quo of relevant research at home and abroad,as well as the main content and methods of the research and the innovation of the research.The second part is mainly an overview of the legal risks of intellectual property cultivated by high-tech enterprises,including related concepts and relations,and the background of the legal risks of intellectual property cultivated by high-tech enterprises.The third part is the analysis of the legal risks and causes of intellectual property rights cultivated by high-tech enterprises in China.The legal risks mainly include:legal risks caused by weak protection awareness of development,imperfect transfer agreement,uncertain financing value,non-standard intermediary services,etc.Combined with the analysis of relevant cases,the causes of these legal risks are concluded: Enterprises lack intellectual property management and operation measures,intellectual property related legal systems are not perfect,government management and services are not in place,and the service level of intermediary institutions is uneven.The fourth part is the practice and inspiration of intellectual property legal risk prevention of high-tech enterprises in the United States and Japan,respectively introducing the legislative protection of intellectual property protection of high-tech enterprises in the United States and Japan,intellectual property financing policies,intellectual property awareness of high-tech enterprises and other aspects.This paper proposes the experience of intellectual property legal risk prevention cultivated by Chinese high-tech enterprises: We should create the good atmosphere to attach importance to intellectual property,promote the financial legislation of intellectual property and perfect the service mechanism of intellectual property for enterprises.The fifth part is the preventive measures to deal with the legal risks of intellectual property in the process of cultivating high-tech enterprises in China.First,it is necessary to improve the intellectual property protection system and reduce the burden of intellectual property litigation on enterprises in the process of cultivation,including improving the basic intellectual property laws,promoting intellectual property financial legislation,and improving the diversified intellectual property dispute settlement mechanism.The second is to strengthen the supervision and law enforcement in the field of intellectual property rights,reduce the infringement phenomenon in the field of intellectual property rights,including improving the government’s intellectual property supervision mechanism,establishing a supervision mechanism for the scientific and technological integrity of enterprises,and strengthening the supervision of scientific and technological intermediary service agencies;Third,improve the management and operation mechanism of enterprises’ intellectual property rights,improve the legal literacy of intellectual property rights,including establishing an intellectual property management mechanism and strengthening the operation of intellectual property rights;Fourth,it is necessary to establish a comprehensive intellectual property service system to help enterprises avoid relevant legal risks,including strengthening the incentives and services of relevant government departments,improving the service quality of science and technology intermediary service agencies,avoiding the legal risks of enterprises in the cultivation and identification of high-tech enterprises,and promoting the cultivation of high-tech enterprises to achieve actual results.