Detailed explanation of the conditions for identification of high-tech enterprises and the steps for identification of brand and trademark infringement

High-tech enterprise recognition conditions

As the application process for high-tech enterprises becomes increasingly complex, it is particularly important to understand the conditions for its recognition. The following are several key conditions that need to be met for high-tech enterprise certification:

1. Registration age requirement: Enterprises must have been registered and established for more than one year when applying for certification.
2. Intellectual Property Ownership: Enterprises need to obtain intellectual property ownership of major products (services) with technical support as the core through independent research and development, transfer, donation, mergers and acquisitions, etc. Specifically, it includes but is not limited to at least one piece of Class I intellectual property rights such as inventions, exclusive rights to integrated circuit layout designs, and new plant varieties, or Class II intellectual property rights such as utility model patents and software copyrights.
3. Technological field matching: The core technologies on which the company’s main products (services) rely should fall within the scope of the catalog of “National Key Supported High-tech Fields in 2016”.
4. Proportion of scientific research personnel: The number of scientific and technological personnel engaged in R&D and related technological innovation activities shall account for no less than 10% of the total number of employees in that year.
5. R&D investment ratio: In the past three years (calculation based on actual operating time for less than three years), the ratio of the company’s total R&D expenses to total sales revenue in the same period should meet the following standards: annual sales revenue within five years No less than 5% for companies with sales revenue below 10 million yuan; no less than 4% for companies with sales revenue between 50 million and 200 million yuan; no less than 3% for companies with sales revenue exceeding 200 million yuan. In addition, the above-mentioned research and development expenses must account for no less than 60% of the expenditure in China.
6. High-tech product revenue ratio: In the past year, the proportion of high-tech product (service) revenue in the total revenue for the same period must exceed 60%.
7. Innovation Capacity Assessment: The evaluation results of enterprise innovation capabilities must meet the corresponding requirements.
8. Compliance requirements: No major safety incidents, major quality issues or serious environmental violations have occurred within one year prior to application.

Certification process

The high-tech enterprise identification process mainly includes the following steps:

1. Online application: Enterprises need to submit complete application materials and relevant attachments online.
2. Preliminary review: Formal review by relevant departments.
3. Expert review: Organize experts to conduct professional review of enterprise application materials.
4. Final approval: After review by the certification steering group, it will be reported to the state for filing.

Steps to determine brand trademark infringement

Step one: Determine trademark authority

The first step in determining trademark infringement is to clearly define the specific scope of the exclusive right to register a trademark, which is the basis for subsequent determination of whether it constitutes infringement.

Step 2: Confirm the object of infringement

At this stage, it is necessary to identify the trademark that is accused of infringement and the products in which it is used, so as to lay the foundation for subsequent analysis.

Step Three: Comparative Analysis

Compare the suspected infringing trademark with the registered trademark and its approved products in detail to determine whether the two are identical or similar, and whether the former is used on products that are similar to the latter’s approved category.

Through the above three steps, you can effectively identify whether there is trademark infringement and take appropriate legal measures to protect the interests of the trademark holder. At the same time, enterprises should enhance their awareness of self-protection, strengthen trademark management and monitoring, and prevent infringement incidents.