1. Whether data information can be used as intellectual property
1. Data information Generally, it cannot be used as the object of intellectual property rights, unless otherwise provided by law. The objects of intellectual property include: works, trademarks, integrated circuit layout designs, etc.
2. Legal basis: "Civil Code of the People's Republic of China"
12 Article 13 [Definition of Intellectual Property Rights] Civil subjects enjoy intellectual property rights in accordance with the law.
Intellectual property rights are the exclusive rights enjoyed by obligees in accordance with the law with respect to the following objects:
(1) Works;
(2) Inventions, utility models, and designs;
(3) Trademarks;
(4) Geographical indications;
(5) Trade secrets ;
(6) Integrated circuit layout design;
(7) New plant varieties ;
(8) Other objects specified by law.
2. How is the court with jurisdiction over intellectual property litigation determined
(1) Legal analysis: How to determine the jurisdictional court for intellectual property litigation: First, confirm the level of jurisdiction. Intellectual property disputes shall be under the jurisdiction of the people's courts above the intermediate level or the intellectual property courts. Then, confirm the geographical jurisdiction. Intellectual property disputes arise from the location of the defendant or the infringementThe local people's court has jurisdiction.
1. Patent infringement dispute cases shall be under the jurisdiction of the People's Court of the place where the infringement occurred or where the defendant is domiciled.
2. Copyright infringement dispute cases and trademark infringement dispute cases shall be decided by the people of the place where the infringement is committed, the place where the infringing copies are stored or where the infringing copies are stored or seized, and the place where the defendant is domiciled. Court jurisdiction.
3. Infringement disputes involving computer network copyrights shall be under the jurisdiction of the People's Court of the place where the infringement occurred or where the defendant is domiciled.
4. Infringement dispute cases involving computer network domain names shall be under the jurisdiction of the Intermediate People's Court at the place where the infringement occurred or where the defendant is domiciled.
5. In cases of new plant variety infringement disputes, the court shall be designated by the People's Government of the province, autonomous region, or municipality directly under the Central Government where the defendant is domiciled or where the infringement occurred and the Supreme People's Court. The Intermediate People's Court has jurisdiction.
6. Cases involving infringement disputes over the exclusive right to layout design of integrated circuits shall be settled by the people's government of the province, autonomous region, or municipality directly under the Central Government where the defendant is domiciled or where the infringement occurs. Or the intermediate people's court of the place where the special economic zone belongs or where it belongs has jurisdiction.
7. Other intellectual property infringement dispute cases shall be under the jurisdiction of the People's Court of the place where the infringement occurred or where the defendant is domiciled.
8. Cases involving intellectual property ownership disputes shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled.
9. Intellectual property contract dispute cases shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled or the place where the contract is performed. The parties to the contract may agree in the written contract to choose the jurisdiction of the people's court at the place where the defendant is domiciled, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff is domiciled, and the place where the subject matter is located, but the provisions of hierarchical jurisdiction and exclusive jurisdiction shall not be violated.
(2) Legal basis: "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" Article 2 Patent dispute cases shall be governed by intellectual property rights The courts, intermediate people's courts and basic people's courts determined by the Supreme People's Court have jurisdiction. Maritime and commercial cases are under the jurisdiction of the Maritime Court.
Through the above analysis, we know that according to the provisions of the Civil Code of the People's Republic of China, intellectual property rights are the rights that obligees enjoy in accordance with the law with respect to works, trademarks and other objects. dataInformation generally cannot be regarded as the subject of intellectual property rights, unless otherwise provided by law. If you need legal help, readers can go to the Legal Savior Network for consultation.
