What parts does intellectual property include in a narrow sense?

According to the provisions of the Civil Code, Intellectual property rights are exclusive rights that rights holders enjoy in accordance with the law with respect to specific objects. In the narrow sense, objects of intellectual property include: works; inventions, utility models, designs; trademarks; geographical indications; trade secrets; Integrated circuit layout design, etc. Regarding the question of what parts of intellectual property rights are included in the narrow sense, the editor of Legal Savior Network will answer it in detail below.

1. What parts does intellectual property include in a narrow sense?

1. Intellectual property Objects in the narrow sense include:

(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 stipulated by law.

2. Legal basis: Article 123 of the Civil Code of the People's Republic of China

2. Determination of intellectual property infringement

(1) The infringed intellectual property rights must be valid

This requirement means that the infringed intellectual property rights must be applied for in my country. And it has been verified and approved by the State Intellectual Property Office. The validity period of the intellectual property rights must not expire, nor can the application be in progress but not yet approved, or have been declared invalid by the reexamination committee of the Intellectual Property Office. If the above validity is not met, litigation for intellectual property infringement cannot be carried out.

(2) The infringing act must be clearly defined

This requirement means that the plaintiff must investigate the infringing party’s behavior Describe in detail and be able to provide sufficient evidence to prove the occurrence of the infringement. In fact, my country's intellectual property laws have stipulated this requirement in detail and pointed out the types of infringements and events that cannot be counted as infringements.

(3) The infringement must be for profit-making purpose, while the infringement behavior without profit-making purpose shall depend on the circumstances.

According to regulations, if an intellectual property is used for profit, the user must obtain the owner's permission. Otherwise, it will constitute an infringement of the intellectual property. Behavior. Therefore, profit-making purpose is also one of the main elements of intellectual property infringement.

(4) The occurrence of the infringement must be caused by the subjective fault of the infringing party.

This element holds that regardless of whether the infringing party's subjective fault is intentional or caused by its own mistakes, it should be liable for the loss of intellectual property rights. If the infringing party can prove the legality of the act, it is not liable for compensation, but it still needs to bear civil liability for such infringements as stopping the infringement and destroying the infringing products.

Through the above analysis, we know that according to the provisions of the Civil Code, intellectual property rights are exclusive rights that the right holder enjoys in accordance with the law with respect to specific objects. In the narrow sense, intellectual property rights The objects include: works; inventions, utility models, designs; trademarks; geographical indications; trade secrets; integrated circuit layout designs, etc. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the legal Saviour.com consults a professional lawyer.