What does intellectual property law include
1. There is currently no intellectual property law, only the Patent Law and the Trademark Law. "Copyright Law" etc.
2. Intellectual property rights include: industrial property rights and copyrights ( It is called copyright in our country) and consists of two parts.
3. Copyright (copyright) does not require registration or labeling Copyright marks can be protected, while patents, trademarks, and properties need to be registered or marked with copyright.
What is industrial property rights
Invention patents, trademarks and industrial designs, etc. constitute industrial property rights. Industrial property rights include patents, trademarks, service marks, manufacturer names, names of origin, suppression of unfair competition, new plant variety rights and exclusive rights to integrated circuit layout designs, etc.
Main types:
1. The trademark right is It refers to the exclusive right granted by the trademark authority to the trademark owner to protect its registered trademark under national law. A trademark is a commercial mark used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional logos, colors A combination 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. China's trademark rights To obtain a trademark, you must go through the trademark registration procedure and implement the first-to-file principle. Trademark is an identification mark in industrial activities, so the role of trademark rights is mainly to maintain order in industrial activities, while the role of patent rights is mainly to promote the development of industry Development is different.
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2. Patent rights and patent protection refer to an invention and creation Submit a patent application to the National Patent Office, and after passing the review in accordance with the law, the patent applicant will be granted the exclusive right to the invention and creation within the specified time.
According to China’s patent law, there are three types of inventions, inventions, utility models and designs. Invention and utility model patents are granted After patenting, 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, offer for sale, sell or import the invention for production and business purposes. Patented products.
After the design patent patent rights are granted , no unit or individual is allowed to exploit its patent without the permission of the patentee, that is, it is not allowed to manufacture, sell or import its patent for production and business purposes.profit products. Exploiting the patent without the permission of the patentee will infringe upon the patent right. If a dispute arises, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may sue the People's Court or request management. The department handles patent work.
Of course, there are exceptions to non-infringement, such as first Rights of use and use for scientific research purposes, etc. 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. Trade name rights. That is, the manufacturer's name right is a right to use one's registered trade name (manufacturer name, company name) without interference from others. An enterprise's trademark right cannot be equated with an individual's name right (a type of personality right).
In addition, such as name of origin, proprietary technology, Anti-unfair competition is also stipulated in the Paris Convention, but names of origin are not intellectual achievements. Know-how and unfair competition can only be protected by anti-unfair competition laws and are generally not included in the scope of intellectual property rights.
Copyright (copyright)
Natural sciences, social sciences and literature, music, drama, painting, sculpture, photography and Works in cinematography and other aspects constitute copyright. Copyright is the legally stipulated right for a certain unit or individual to print, publish and sell a work. Anyone who wants to copy, translate, adapt or perform itAny reproduction requires the permission of the copyright owner, otherwise it will be an infringement of the rights of others. The essence of intellectual property rights is to treat human intellectual achievements as property. Copyright is a civil right enjoyed by original authors of literary, artistic, scientific and technological works in accordance with the law.
Copyright: In our country, when copyright is used in a broad sense, Including (in a narrow sense) copyright, copyright related rights, computer software copyright, etc., which fall within the scope of the Copyright Law. This is the exclusive right of the copyright owner to exclusively exploit the work (work). Copyright in the narrow sense is further divided into the right to publish, the right to sign, the right to modify, the right to protect the integrity of the work, the right to use and the right to receive remuneration (Article 10 of the Copyright Law). Copyright is divided into personal rights and property rights. Copyright, patent rights, and trademark rights sometimes overlap, which is a characteristic of intellectual property rights.
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