The Concept, Type and Protection Mode of 1. Intellectual Property

Intellectual property rights (Intellectual Property, referred to as IP) refer to the results created by people in the fields of science, culture, art, etc., as well as the intangible assets such as trade secrets, trademarks, and trade names formed in commercial activities. The exclusive and transferable rights. Intellectual property is an intangible property right that not only brings economic benefits to creators, but also stimulates innovation and promotes social progress.

The main types of intellectual property rights are the following:

Patent Right (Patent Right): refers to the product or method of invention creation, granted to its inventor or its assignee within a certain period of time the exclusive right to use and prohibit others from implementing the invention without permission.

Trademark right (Trademark Right): refers to the exclusive right to use the trademark for a certain period of time and the right to prohibit others from using the trademark without permission for any text, graphics, letters, numbers, three-dimensional signs, color combinations, sounds or their combinations with distinctive characteristics used to distinguish the source of goods or services.

Copyright (Copyright right): refers to the right of the author of a literary, artistic and scientific work or its legal transferee to copy, distribute, exhibit, perform, broadcast, adapt, translate, etc. within a certain period of time, and the right to prohibit others from infringing upon the work without permission.

Trade Secret (Trade Secret): refers to the technical information or business information that is not known to the public, can bring economic benefits to the obligee, is practical, and has been kept confidential by the obligee, such as technical solutions, designs, formulas, processes, customer lists, marketing strategies, etc. The right holder of a trade secret enjoys the right to prohibit others from obtaining, using or disclosing the trade secret by improper means.

The protection of intellectual property rights is mainly in the following ways:

Legal protection: refers to the formulation and implementation of relevant laws and regulations to provide legal remedies for intellectual property rights holders, such as administrative penalties, civil litigation, criminal investigations, etc., to punish and prevent intellectual property infringements and safeguard intellectual property rights The legitimate rights and interests of the right holders.

Technical protection: refers to the use of various technical means, such as encryption, watermarking, digital signatures, etc., to prevent or restrict the illegal use or reproduction of intellectual property rights, and to protect the economic interests of intellectual property rights holders.

Contract protection: refers to the signing of relevant contract agreements, such as license agreements, transfer agreements, confidentiality agreements, etc., to agree on the scope of use of intellectual property rights, conditions, terms, fees, responsibilities and other matters, to protect the intellectual property rights of the right holders of the consensual interests.

Social protection: refers to the strengthening of social moral education, legal publicity, public opinion supervision, etc., to improve the public's awareness and respect for intellectual property rights, and form a good social atmosphere conducive to the creation, use and protection of intellectual property rights.

Content, Effectiveness and Liability for Breach of 2. Confidentiality Agreement

Non-disclosure Agreement (NDA) refers to a contractual agreement signed by the information disclosing party and the information receiving party in order to protect trade secrets or other confidential information from disclosure or abuse in commercial activities.

The shortcomings of confidentiality agreements are mainly the following:

Dependence: The effectiveness of the confidentiality agreement mainly depends on the conscious compliance of the information receiver and the effective supervision of the information disclosing party. If the information receiver intentionally or unintentionally violates the confidentiality agreement, or the information disclosing party fails to detect and stop the disclosure of confidential information in time, Then the protective effect of the confidentiality agreement will be greatly reduced.

Proof: the responsibility for breach of contract of the confidentiality agreement requires the information disclosing party to provide sufficient evidence to prove the breach of contract of the information receiving party, such as the content, form, scope and source of the confidential information, as well as the acquisition, use or disclosure of the information receiving party, which is often a very difficult thing, especially when technical information or business information is involved.

Remedial: The relief of breach of contract of confidentiality agreement is usually achieved through civil litigation, which requires the information disclosure party to bear a certain amount of time, energy and money costs, and it is often difficult to obtain sufficient compensation, because the value of confidential information is difficult to assess, and once leaked, it is difficult to restore.

The Importance and Practical Significance of 3. Intellectual Property Rights and Confidentiality in Enterprise Brand Sales Certification Consultation

Enterprise brand sales certification consulting refers to professional consulting agencies that provide enterprises with certification services on their brand sales, including brand sales investigation, analysis, evaluation, reporting, etc., to help enterprises improve their brand awareness, reputation and influence, thereby increasing their market competitiveness and economic benefits. Corporate brand sales certification consulting involves a large number of intellectual property rights and confidential information, such as corporate trademarks, trade names, trade secrets, customer resources, market strategies, etc., as well as the consulting agency's patents, copyrights, trade secrets, investigation methods, analysis models, evaluation standards, etc. These intellectual property rights and confidential information are very important and sensitive to enterprises and consulting institutions. If they are not effectively protected, they may cause the following hazards:

Harm to the enterprise: if the intellectual property rights and confidential information of the enterprise are obtained, used or leaked by consulting institutions or other competitors, the enterprise may lose the uniqueness and advantages of its brand, reduce the value and image of its brand, damage its market position and interests, and even face legal risks and responsibilities.

Harm to consulting agencies: if the intellectual property rights and confidential information of consulting agencies are obtained, used or leaked by enterprises or other competitors, consulting agencies may lose the professionalism and quality of their services, reduce the reputation and effect of their services, damage their industry status and interests, and even face legal risks and responsibilities.

Therefore, intellectual property and confidentiality issues in the enterprise brand sales certification consulting has a very important significance, enterprises and consulting agencies need to attach great importance to and actively respond to take effective measures to protect their own intellectual property rights and confidential information, to avoid or reduce possible losses and risks.

Suggestions and Countermeasures of 4. Intellectual Property Rights and Confidentiality in Enterprise Brand Sales Certification Consultation

In order to better protect intellectual property rights and confidential information, in the enterprise brand sales certification consulting, enterprises and consulting agencies can refer to the following suggestions and countermeasures:

Signing a confidentiality agreement: before conducting brand sales certification and consultation, enterprises and consulting institutions shall sign a detailed confidentiality agreement, which clearly stipulates the definition of confidential information, the content of confidentiality obligations, exceptions to confidentiality obligations, the effectiveness of confidentiality agreements, liability for breach of contract of confidentiality agreements and other matters, so as to facilitate both parties to abide by the confidentiality obligations in the process of cooperation, And in the event of disclosure of confidential information.

Application and maintenance of intellectual property rights: enterprises and consulting institutions shall, according to the types and characteristics of their own intellectual property rights, apply to relevant departments or institutions in a timely manner and maintain intellectual property rights, such as patents, trademarks, copyrights, etc., in order to obtain legal protection of intellectual property rights and provide evidence in the event of infringement of intellectual property rights.

Adopt technical protection measures: enterprises and consulting institutions shall adopt various technical protection measures, such as encryption, watermarking, digital signature, etc., according to the form and characteristics of their own confidential information, to prevent or restrict the illegal use or reproduction of confidential information, so as to improve the security of confidential information technically and trace the source when confidential information is leaked.

Strengthen management and supervision: enterprises and consulting institutions should establish and improve their own management and supervision systems of intellectual property rights and confidential information, such as formulating and implementing relevant rules and regulations, training and evaluating relevant personnel, establishing and authorizing relevant departments or institutions, and adopting and implementing relevant rewards and punishment measures, so as to ensure the protection of intellectual property rights and confidential information in the organization, as well as the occurrence of intellectual property and confidential information leakage in a timely manner to detect and stop.

5. Conclusion

Intellectual property and confidentiality issues are important issues that cannot be ignored in the enterprise brand sales certification consulting, which are related to the core competitiveness and interests of enterprises and consulting agencies. Enterprises and consulting institutions should fully understand and attach importance to the importance and practical significance of intellectual property rights and confidentiality issues, and adopt effective legal, technical, contractual, social and other ways to protect their own intellectual property rights and confidential information, avoid or reduce possible losses and risks, promote brand sales certification and promote the healthy development of brand sales certification consulting.

This paper discusses the intellectual property rights and confidentiality of enterprise brand sales certification consulting, analyzes the concept, type and protection of intellectual property rights, as well as the content, effectiveness and liability for breach of contract of confidentiality agreement. This paper also combined with the specific case of Shangpu consulting service customers, explained the importance and practical significance of intellectual property rights and confidentiality issues in the enterprise brand sales certification consulting, and put forward some suggestions and countermeasures to help enterprises and consulting agencies better protect their legitimate rights and interests, and promote the healthy development of brand sales certification consulting.