1. What does intellectual property include?
What does intellectual property include? There are many, sometimes we may think that intellectual property content will only be reflected in copyright, but there are also some contents that we don’t know much about. The following article will give you a new understanding of intellectual property content. Intellectual property rights include three major categories: patent rights, copyrights and trademark rights.
(1) Patent right
1. Definition of patent right: Patent right is a legal right Grant the inventor or entity the exclusive right to use, use and dispose of the invention.
2. Subject of patent rights: persons who have the right to file patent applications and patent rights and assume corresponding obligations, including natural persons and legal persons.
3. Objects of patent rights: inventions, utility models, and designs
4. Rights of the patentee: exclusive right to implement, right to license, right to transfer, right to waive, right to mark.
5. Obligations of the patentee: the obligation to implement the patent and the obligation to pay annual fees.
(2) Trademark rights
1. Definition of trademark rights: A trademark is a mark specially designed and intentionally placed on the surface of a commodity or its packaging in order to help people distinguish different commodities. Trademark rights refer to the exclusive rights that trademark users have over the trademarks they use in accordance with the law.2. The subject of trademark rights: the legal person or natural person who applies for and obtains trademark rights.
3. The object of trademark rights: a trademark approved and registered by the National Trademark Office and protected by the Trademark Law, that is, a registered trademark, including product trademarks and service trademarks.
4. The rights of the trademark owner: the right to use, the right to prohibit, the right to transfer, the right to license.
5. The obligations of the trademark owner: Guarantee the quality of goods using the trademark and have the obligation to pay the prescribed fees.
(3) Copyright
1. Definition of copyright: Copyright, also known as copyright, is the exclusive right enjoyed by citizens, legal persons or unincorporated entities in accordance with the law over their own literary, artistic, natural science, engineering and technology works.
2. The subject of copyright: refers to the owner of the copyright, that is, the copyright holder. Including the author, the person inheriting the copyright, a legal person or an unincorporated unit, and the country.
3. The object of copyright: refers to various works protected by copyright. Works that can enjoy copyright protection involve literary, artistic and scientific works, which are created by the author and are An intellectual achievement that is fixed in a certain form and can be copied.
4. Copyright rights: personal rights and property rights. Personal rights include the right of publication, signature, modification, and protection The right to the integrity of the work. Property rights include the right to use and the right to receive remuneration.
Now there are also new forms of intellectual property: a domain name is the character address of an Internet host, which is It can be converted into the physical address of a specific host in the Internet. The address scheme in the Internet is divided into two sets: IP address system and domain name address system. The two address systems are actually one-to-one correspondence. Domain names have the legal characteristics of intellectual property : Identification, uniqueness, and exclusivity; however, as a new form of intellectual property, its effective protection methods require continuous research and improvement.
2. Is it necessary to hire a lawyer when litigating intellectual property rights? What are the benefits of hiring a lawyer?
If you and the other party disagree on the facts of the case, and If the evidence is confusing, or the legal issues are difficult, or the outcome of the case will have a particularly large impact on you, it is still necessary to hire a lawyer to participate in the entire process. Lawyers generally can do two things for you in civil disputes:
(1) Run errands and handle chores. For example, filing a case, paying and refunding fees, sending and receiving court materials, communicating with the clerk and the handling judge, mediating, appearing in court, etc.
(2) Help you answer your questions, reduce the risk of losing the lawsuit, and increase the probability of winning the lawsuit. For example, you can ask a lawyer to analyze and provide advice, telling you what you can and cannot do, whether you should keep it notarized in advance, and the lawyer can help you write a complaint, defense, evidence list, and cross-examination opinions in court. Debate back and forth with the other party, state your views to the judge, and then engage in negotiation and mediation with the other party.
All in all, the role of a serious lawyer for clients is to save time and energy, improve efficiency, and maximize the protection of legal rights.
The above is the answer to the question about "the content of intellectual property rights". If you need help, you can go to the Legal Savior Network for consultation.