Research On The Commission Management System Of Intellectual Property For Small And Medium Enterprises In China

Following the arrival of knowledge economy era, intellectual property is becomingmore and more important, and being respected and cherished as the most important invisibleassets by the state, enterprises and individual. The protection level of intellectual property, theutilization degree is related to the national intellectual property strategy and innovation drivendevelopment strategy implemented smoothly, more related to the survival and development ofenterprises. But in the current environment, people’s intellectual property consciousness islow, the protection and management of intellectual property is not optimistic, especially insome small and medium enterprises, controlled by the scale, funds and personnel, they cannotenable intellectual property to obtain the reasonable management, the effective transformation,even face the problem of tort, thus Seriously restricting the development of enterprises.Although intellectual property commission management project promoted by our governmentsolves the problem in the field of intellectual property. Intellectual property commissionmanagement is a new thing in our country and is still not perfect, facing many challenges andproblems, how to deal with these challenges, construct the mode of commission managementsystem, improve the system, is the main problem to solve.In the first part of this paper, starting from the intellectual property in the development ofour country and of small and medium enterprises, the author points out t the lackof intellectual property protection and management in small and medium sized enterprises,and further puts forward the research background and the significance of intellectual propertycommission management of small and medium enterprises. Intellectual property commissionmanagement conforms to the present practice of small and medium enterprises’ need, is alsoin line with the government to implement the strategy of intellectual property policy oriented,not only has great theory research significance, also has realistic guiding significance. Further,the author points out the existing research achievements and deficiency based on the researchof many scholars and much practice at home and abroad, which provides guidelines forthe direction and further improves the intellectual property commission management systemin china. In the second part of this paper, the author summarizes the intellectual propertycommission management system. And based on intellectual property escrow concept ofscholars have pointed out, the author gets the concept and characteristics from the angle ofcivil law. Meanwhile, compared with agent, trust, commission and other related concepts, theauthor points out the superiority of intellectual property commission management as a legalconcept. On this basis, putting the intellectual property commission management together andthe small and medium enterprise combination, the author generally analyses the role andstatus of the intellectual property commission management. It occupies an importantposition in national macro policy and the intellectual property under the trusteeshipsystem, and plays a great role in promoting the development of multi market main body.In the third part, combining with our country small and medium enterprise intellectualproperty commission management pilot project, the author summarizes the practice status andpilot experience of intellectual property trusteeship management in the small and mediumenterprises. Further, the author points out the challenges. Although intellectual propertytrusteeship management in small and medium enterprises achieve remarkable results, thereare still many deficiencies in the present legal and institutional environment. It’s faced withthe risk of law, economy and management, also faced a lot of other aspects of the problemand limitations. The existence of these challenges have brought obstacles for intellectualproperty commission management in small and medium enterprises smoothly.The fourth part of this paper is the proposed solution for the third part，looking for themechanism of risk resolving and problem solving, overcoming the limitations of theintellectual property trusteeship management.In the first place, the author draws theimprovement based on the existing commission management models, and makes a series ofchoice of law and legal regulation for the intellectual property trusteeship management in thesmall and medium enterprises containing contract law, trust law, insurance law and otheraspects. It can develop smoothly making the intellectual property managed according to thelaw. Finally, the author obtains perfect model for the intellectual property commissionmanagement. It is the macro guidance provided by the government of the periphery, the small and medium enterprises and intellectual property escrow service mechanism as the core, andmarket autonomy mode of other related subjects participating in the market.The fifth part of this paper, is the fourth part of the further sublimation and perfection.Based on the fourth part of the macro mode and legal regulation, the author implementsspecific content of intellectual property commission management in practice, from microconcrete face layer to perfect intellectual property escrow system, containing the subject,object, and publicity system perfectly. In improving the subject of commission management,the author points out the feasibility and advantage to set up intellectual property commissionmanagement company and the establishment of system. On the managed subject selection, theauthor makes the concrete choice and confidence combined with the copyright, commonnessand characteristics of patent right, trademark right. Finally, through the establishment ofpublicity system of intellectual property commission management, the author guarantees theparties and others involved in the intellectual property commission management. Designedthrough the three aspects, the author constructs the system of intellectual property trusteeshipmanagement, resolves the problem of intellectual property trusteeship management in practicereasonably and provides specific guidance for the practice of intellectual property managed insmall and medium enterprises.