Intellectual achievements

It refers to the spiritual wealth or spiritual products created by people through intellectual labor. The rights generated by intellectual achievements are called intellectual property rights, which are protected by intellectual workers in accordance with the law. A kind of right enjoyed.

Intellectual achievement rights, also known as intellectual property rights, refer to the rights enjoyed by spiritual wealth created by intellectual activities in the fields of science, technology, culture, art and other fields.

Intellectual property rights in the broad sense include copyright, neighboring rights, trademark rights, trade name rights, trade secret rights, origin marking rights, patent rights, integrated circuit layout design rights, etc. Intellectual property rights in the narrow sense mainly include copyright, neighboring rights, patent rights , trademark rights, etc. In order to encourage people to create intangible property, various countries have passed legislation to protect the rights of owners of intellectual achievements.

To protect the rights to intellectual achievements according to law, we must: ① Deepen the legal protection of intellectual achievements understanding, and strive to enhance the legal awareness of protecting intellectual achievements. ② When one's intellectual achievements are infringed, actively seek legal help and use legal weapons to protect one's legitimate rights and interests. ③ Actively participate in society's protection of intellectual achievements and respect the rights of others. Intellectual achievements, do not do anything that infringes on the intellectual achievements of others.

Case

In a certain place, minor A spent a long time making a Works related to enterprise automation, and were shown to family members at a family gathering and received unanimous praise. Among them, B is A’s father, C is B’s brother, and A’s uncle is a legal person of a private company. Seeing that A's invention was beneficial to his own company, C obtained A's invention by deception without A's permission, and then used it for the production of his own company. Later, when A won a prize in a competition, his work was used by another company. A company valued the case. Its legal representative, D, wanted to pay a large sum of money to obtain the patent for the item. However, shortly after A and his father B signed the contract, he received a court summons. The prosecutor was C, who claimed that the work had already been patented by him. , A, B and D were sued to court on the grounds that they could not be used or transferred without their permission.

C’s lawsuit claimed that the product was created by its invention and had applied for a patent with the patent office. Therefore, C is the patent owner of the product.

Of course, I won’t say much about the trial.

The final result: Because of A, B collected enough evidence to prove C maliciously seizes the fruits of other people's labor. In the end, the Patent Office determined that C's patent application was invalid. At the same time, A applied for a patent from his guardian B to the Patent Office, and it was approved. Finally, he signed a patent transfer agreement with D. And C was suspected of embezzling others. Crimes such as the fruits of labor should be punished

At present, regarding the intellectual achievements of minors, national law clearly stipulates that the legitimate rights and interests of citizens are protected by law, regardless of whether they are adults or not, regarding the patents of minors The results are enjoyed by minors, but their capacity for civil conduct is limited. Therefore, the use of their patented results must be signed by their guardians with the enterprise after reaching an agreement with the minor. The two parties* ** share the fruits; third parties have no right to interfere. If minors’ intellectual achievements (patents) are infringed by illegal means, the court will punish them in accordance with the law. If losses are caused, minors and their guardians have the right to file civil lawsuits for compensation. .