What is the regional nature of patent protection
Patent protection is not indefinite protection, nor is it unlimited space Regional protection is one of the most important characteristics of patent protection. Protection within a limited area not only limits the patent rights but also reduces the scope and difficulty of patent protection, and can more effectively protect the patented design of the right holder. Below is the relevant content compiled by the editor of Legal Savior Network for everyone. You are welcome to read it.
Regionality of patent protection: The so-called regionality refers to the spatial (country) restrictions on patent protection rights. It means that the patent protection rights granted by a country or a region are only valid within the scope of that country or region, and have no legal effect in other countries and regions, and the patent protection rights are not recognized and recognized. If the patentee wishes to enjoy patent protection in other countries, he must file a separate patent application in accordance with the relevant laws of other countries. However, if it is not otherwise stipulated in international treaties and bilateral agreements, the situation will be discussed separately! Otherwise, no country or region will recognize the patent protection rights granted by other countries or international intellectual property agencies.
Intellectual property rights have strict regional characteristics, that is, Intellectual property rights granted by the competent authorities of various countries in accordance with their own national laws can only be protected by law within their own national territory. For example, the patent rights granted by the China Patent Office or the exclusive trademark rights approved by the China Trademark Office can only be used in the field of China.protected, other countries do not grant protection. Foreigners' use of invention patents authorized by the Chinese Patent Office outside the territory of my country does not infringe upon my country's patent rights. Therefore, if inventions and creations completed by Chinese citizens and legal persons want to be protected in foreign countries, they must apply for patents in foreign countries; and vice versa. This is one of the principles stipulated in the Paris Convention for the Protection of Industrial Property. Although copyright arises automatically, it is also subject to geographical restrictions. Our country’s laws do not protect all works of foreigners. This is just because our country has joined international conventions such as the Berne Convention for the Protection of Literary and Artistic Works and the Universal Copyright Convention to fulfill these obligations. The obligations stipulated in the two international conventions protect the national works of the member countries of these conventions; other member states of the convention also provide protection to the works of our citizens and legal persons in accordance with the provisions of the convention. In addition, in accordance with the bilateral agreement between the two countries, each other provides protection to the works of each other's nationals.
The above is the relevant content summarized by the editor. If If you have relevant legal consultation or other matters you don’t understand, you can call the online lawyers on the Legal Savior Network for answers. The lawyers’ professional knowledge can help you.
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