Disposable medical masks refer to instruments, equipment, appliances, in vitro diagnostic reagents and calibrators, materials and other similar or related articles directly or indirectly used in human body, including the required computer software. The utility is mainly obtained by physical means, not by pharmacology, immunology or metabolism, or with the participation of these ways, it only plays an auxiliary role. The purpose is the diagnosis, prevention, monitoring, treatment or remission of diseases, diagnosis, monitoring, treatment, remission or functional compensation of injury, inspection, replacement, regulation or support of physiological structure or physiological process; life support or maintenance; pregnancy control; providing information for medical or diagnostic purposes by examining samples from human body. The medical device industry involves many industries, such as medicine, machinery, electronics, plastics and so on. It is a high-tech industry with interdisciplinary, knowledge intensive and capital intensive. The importance of intellectual property protection to medical device enterprises is extraordinary. Then, how can medical device enterprises do a good job of intellectual property protection in an all-round way? In this regard, Sinosoft group puts forward the following two suggestions to medical device enterprises. Since the implementation of the registration system of medical devices, the entrusted service of medical devices has entered a golden period of rapid development. With the popularization of entrusted services, many problems are gradually exposed. How to protect the intellectual property rights of medical devices is a high degree of concern, and it is also one of the primary problems that medical device enterprises need to solve. Today, Xiaobian will take you to understand the problems existing in the protection of intellectual property rights of medical devices and relevant solutions. The development status of intellectual property rights of medical devices: medical devices are a multi science cross field. The medical devices industry has the characteristics of high R & D investment, long R & D cycle, high dependence of high-end products on intellectual property rights, interdisciplinary intersection, knowledge intensive and innovation intensive, and high requirements for product safety and effectiveness. Therefore, the protection of intellectual property rights is more complex. It will involve the criminal law, administrative law, civil law, foreign-related law and other legal risks, and presents the development trend of the whole process, concealment, complexity and expansion. In recent years, although the medical equipment industry has developed rapidly, it is not peaceful. Intellectual property disputes have been on the top of the hot search list for many times. For example, Beijing Yihe JIAYE Medical Technology Co., Ltd., which focuses on the noninvasive ventilator Market, encountered a US 337 investigation in 2013. Resmed, an Australian company, filed a "337 investigation" with the U.S. larger Trade Commission on the ground that Jardine JIAYE's resmart ventilator and two face mask products infringed its eight patents. At the same time, it also filed a parallel patent infringement lawsuit with the U.S. District Court of Southern California. The patent war spread to the world, and both sides launched patent lawsuits in Germany and China. However, the patent war between Mindray and Lipan is going to make a "headline" every other time. It has been entangled for many years and has been up and down. A new round of battle has started in Fuzhou. According to the announcement on the progress of litigation cases issued by lippon on February 20 this year, Fuzhou intermediate people's court has accepted the case according to law, but there is no final result. Looking at the domestic medical equipment circle, intellectual property disputes also occur from time to time. In February 2019, Beijing Intellectual Property Court made a judgment on the case of invention patent infringement of Inner Mongolia Furui Medical Technology Co., Ltd. v. Wuxi heskele Medical Technology Co., Ltd., which lasted for many years, and Furui won the first instance. The court ruled that Wuxi hiskell Medical Technology Co., Ltd. should compensate patent infringement damages as high as 30 million yuan. With the rapid development of medical device industry, many medical device enterprises have the following problems: 1. Serious low-end homogenization competition; 2. Lack of product core technology and brand advantages; 3. New products failed to apply for patents in time; 4. Poor awareness of trade secret protection. How to solve these problems has become a required course for every medical device enterprise. It is difficult to protect intellectual property rights, but we can't miss policy opportunities because of choking. In view of the problems that may be encountered in the intellectual property rights of medical devices, there are the following solutions for your reference: 1. The protection of intellectual property rights needs strategy first: to lay out the protection of intellectual property rights, we should first have a strategic vision Protective strategy: pay attention to their own pre research and patents, form a patent wall to prevent competitors from getting involved in a product or technology; competitive strategy: mainly aim at competitors' products, their own or third-party patents, form patent chips to attack competitors at the business level; defensive strategy: form evasive layout for their own products, competitors or third-party patents to avoid opponents' attack. 2. Make good use of the existing legal framework of intellectual property: draw up the contract of commissioned production and quality, and employ industry lawyers to protect intellectual property.
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