What are the main types of intellectual property rights
Intellectual property rights include copyrights and patent rights , trademark rights. The specific contents are as follows:
Main types:
1. Trademark right refers to the trademark authority Trademark owners are legally granted the exclusive right to protect their registered trademarks under national laws. A trademark is a commercial sign used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional signs, color combinations, or a combination of the above elements. Symbols that are identical or familiar to the country, government, or international organizations, have ethnic discrimination, affect social morality, or are administrative divisions and place names above the county level cannot be registered as trademarks. The acquisition of trademark rights in my country must go through the trademark registration procedures, and the first-to-file principle is implemented. Trademark is an identification mark in industrial activities, so the role of trademark rights is mainly to maintain order in industrial activities, which is different from the role of patent rights, which is mainly to promote the development of industries.
2. Patent rights and patent protection refer to an invention-creation that submits a patent application to the National Patent Office and is granted to the patent applicant after passing the review in accordance with the law. The exclusive right to the invention within a specified period of time. According to our country, there are three types of inventions, inventions, utility models and designs. After invention and utility model patents are granted patent rights, the patentee has exclusive rights to the invention and creation. No unit or individual may exploit the patent without the permission of the patentee, that is, they may not manufacture, use, or use the patent for production and business purposes. Promise to sell and sell
Import its Patented product. After the design patent right is granted, no unit or individual may implement the patent without the permission of the patentee, that is, they may not manufacture, sell or import the patented products for production and business purposes. If the implementation of the patent without the permission of the patent owner will infringe the patent rights and cause disputes,The matter shall be settled through negotiation between the parties; if they are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit in the People's Court or request the patent management department to handle the matter. Of course, there are exceptions to non-infringement, such as right of prior use and use for scientific research purposes. Patent protection adopts a protection model of "two channels, parallel operations, and judicial protection" of judicial and administrative law enforcement. Administrative protection in this region adopts the form of patent enforcement in the form of roving enforcement and joint enforcement, concentrating efforts and focusing on intensifying the crackdown on group infringement, repeated infringement and other phenomena that seriously disrupt the patent legal environment. Patent rights cannot be granted for scientific discoveries, rules and methods of intellectual activity, methods of diagnosis and treatment of diseases, animal and plant varieties, and substances obtained by nuclear transformation methods.
3. Copyright arises from the date of completion of the creation of the work. It is also called copyright and is divided into moral rights and property rights. Among them, the connotation of moral rights of works includes the right of publicity, the right of name expression, and the right to prohibit others from using the work in a distorted or altered manner to damage the reputation of the author. There are the following rights: (1) the right of publication, which is the right to decide whether the work will be made public; (2) the right of signature, which is the right to identify the author and sign the work; (3) the right of modification, which is to modify or authorize others to modify it. rights to the work; (4) the right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering; (5) the right to reproduce, that is, the right to produce the work by means of printing, copying, rubbing, recording, video recording, dubbing, and photocopying, etc. The right to one or more copies; (6) Distribution right, that is, the right to provide the original or copy of the work to the public by selling or donating it; (7) Rental right, that is, allowing others to temporarily use the film work and similar productions for a fee Rights to works created using film methods and computer software, except where computer software is not the main subject of rental; (8) Exhibition rights, that is, the right to publicly display originals or copies of works of art and photography; (9) Performance rights, That is, the right to publicly perform works, and to publicly broadcast the performance of works by various means; (10) The right to projection, that is, to publicly reproduce works of art, photography, movies, and works created by methods similar to filmmaking through projectors, slide projectors and other technical equipment. (11) Broadcasting rights, that is, the public broadcast or dissemination of works by wireless means, the dissemination of broadcast works to the public by wired dissemination or rebroadcasting, and the use of loudspeakers or other similar tools for transmitting symbols, sounds, and images. The right to disseminate broadcast works to the public; (12) Information network dissemination rights, that is, the right to provide works to the public in wired or wireless ways, so that the public can obtain the works at a time and place of their personal choosing; (13) The right to film, that is, the right to fix the work on a carrier by making a movie or using a method similar to making a movie; (14) The right to adapt, that is, the right to change the work and create an original new work; (15) Translation The right, that is, the right to convert a work from one language into another; (16) The right of compilation, that is, the right to convert a work from one language into another;The right to assemble a work or fragments of a work into a new work through selection or arrangement.
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