The Research About Protection Of Intellectual Property Of Technology Innovation

Technological innovation is the process of the realization of full value from imagine, research and development to market circulation, which with invisible technology knowledge as innovation main body. Intellectual property as a legal system, that is involved in the process of technological innovation, to ensure the realization of technology innovation and benign development. With the development of knowledge economy, technology innovation has become the core resources which decide the status of the enterprise and national economic. Based on this, the intellectual property system, corresponding to technological innovation, is playing an increasingly important role. Currently, technological innovation and intellectual property rights has closely integrated to a complete system, which we called “the protective system of intellectual property of technical innovation”. The system play a role that protecting the intellectual property and promoting the technology innovation, at the same time, there are also many problems. Among them, the most important issue is “the deviation between weak development of technology innovation and forceful development of intellectual property”. With the development of social economy and the aggravation of international competition, the issue is increasingly bad. The paper takes a research for the protective system of intellectual property of technical innovation, analyses the answers and then seeks the solutions.By means of methods such as literature research, this paper tries to establish “the protective coordinate system of intellectual property of technical innovation”, which covering the basic content about intellectual property protection of technology innovation and being the logical foundation of intellectual property protection of technology innovation with the visual form, for the research about issues in intellectual property protection of technology innovation. The coordinate system established by a three axis X, Y, Z. X axis as the "basic elements of intellectual property rights", including the subject of rights, the object of rights, the content of rights, the acquisition of rights, the performance of rights, the relief of rights. Y as " the types of intellectual property", including the patent, copyright, trademark, right of layout-designs of integrated circuits, etc. The Z axis is "the process of technology innovation", including the innovation ideas, research and development, pilot, production, market circulation.Based on the Y axis as the logical starting point, this paper analyses the issue that is the deviation between weak development of technology innovation and forceful development of intellectual property and the reasons behind. In particular, there is the issue about subject didn’t give full play to the role" in the aspect of the subject of rights, there is the issue about the object is lack of innovation in the aspect of the object of rights, there is the issue about some improper in our current intellectual property system in the aspect of the content of rights, there is the issue about the methods to acquisition of rights is lack of effect to promote technological innovation in the aspect of the acquisition of rights, there is the issue about the failure for the technology innovation to enter the market in the aspect of the performance of rights, there is the issue about the disadvantage in litigation in the aspect of the relief of rights.As a whole, in the aspect of our country, we should hold the mode of the development of intellectual property, elevate the quality of intellectual property step by step, consummate the circumstance of intellectual property of technology innovation; in the aspect of internationality, we should strive more interests about intellectual property of technology innovation.