Following the content of identifying intellectual properties from the perspective of managing the corporate, in the second part of the “MANAGEMENT OF INTELLECTUAL PROPERTY OF ENTERPRISES” articles, Apolat Legal will provide some methods that should and must be used to manage the intellectual property of the enterprise, both under the law and in the practice of a business, so that you can refer and apply depending on real conditions business.
As mentioned in part one, in the current economic era, intellectual properties account for an enormous proportion in the value structure of an enterprise. However, identifying intellectual property is only the first step in the process of managing intellectual properties, acquiring an intellectual property in the enterprise without managing it is like putting assets in a house without a lock, anyone can take it, use it for their own purpose, cause damage to the business/property owner, and also reduce the value of the intellectual property, reduce investment attraction.
The process of creating an intellectual property, as analyzed, usually goes through the stages: Potential knowledge of individuals -> is shaping tangible intellectual products (documents, machines, regulations) process, products …) -> if the assets meet the conditions prescribed by law will become intellectual property. The management of an enterprise’s intellectual property is a process of identifying and classifying its intellectual products, thereby applying appropriate management/protection measures to ensure ownership for that product before going to market. Depending on the nature of the intellectual product, especially the value of such intellectual products in business activities, businesses may consider applying the following management measures:
1. Application of internal management measures
The source of intellectual properties of a business comes mainly from individuals working at such enterprise, in case the business itself does not have clear internal regulations on the transfer of ownership of the intellectual products, disputes on ownership will easily arise if the employees create products which have high economic value in the course of work that do not stem from the requirements of the enterprise.
Internal management measures of an enterprise include:
- Signing non-disclosure agreements, transferring intellectual property rights with employees and partners;
- Paying attention to the terms of confidentiality, transfer of intellectual property rights in contracts related to intellectual products;
- Promulgating regulations on recognizing innovations, information security and transfers of internal intellectual property rights of enterprises.
2. Registration of protection of industrial property objects
Intellectual property rights, as prescribed by law, are the rights of organizations and individuals to intellectual propertyies, including copyright and rights related to copyright, industrial property rights and rights to the type of tree. In particular, the protection subjects of copyright includes literary, artistic and scientific works; Subjects of rights-related to copyright include performances, phonograms, video recordings, broadcasts, encrypted program-carrying satellite signals. Subjects of industrial property rights include inventions, industrial designs, semiconductor integrated circuit layout designs, trade secrets, trademarks, trade names and geographical indications. Subjects of rights to plant varieties are propagating materials and harvested materials.
In the above types of intellectual property rights:
- Copyrights and industrial property rights to trade names and trade secrets are rights automatically generated based on satisfying the conditions prescribed by intellectual property law.
Namely: Copyrights arise from when a work is created and fixed in a material form; Industrial property rights to a trade-name are established based on the lawful use of it; Industrial property rights to business secrets are established on the basis of legally obtained business secrets and the confidentiality of those business secrets.
- Industrial property rights to inventions, industrial designs, layout designs, trademarks and rights to plant varieties are established based on a decision of granting the protection title of a competent state agency according to the registration procedures prescribed in the current Intellectual Property Law.
Therefore, for the above-mentioned subjects, enterprises should pay attention to meeting the lawful conditions, making registration with competent state agencies to generate intellectual property rights according to regulations.
In addition to applying the above-mentioned methods of intellectual property management, enterprises should also consider setting up an intellectual property management system with the following major stages:
- Classification of intellectual products;
- Establishment of ownership rights to intellectual property.
- Exploring the value of intellectual assets.
- Handling infringement
Depending on the importance of intellectual property, especially the impact of such intellectual products in the business activities, the enterprise may consider prioritizing to apply for protection to the state agencies, sign confidentiality agreements, transfer rights, as a basis for future exploitation.