Current location - Trademark Inquiry Complete Network - Trademark inquiry - Measures to protect intellectual property rights
Measures to protect intellectual property rights

1. Enhance awareness of intellectual property protection.

2. Improve the independent innovation mechanism of enterprises and actively carry out independent innovation activities.

3. In daily production and operation activities, act strictly in accordance with the law.

4. Resolutely fight against illegal acts that infringe on others’ intellectual property rights, actively report illegal acts involving intellectual property rights, and actively cooperate with the government to contain, investigate, and crack down on illegal acts involving intellectual property rights.

5. Actively participate in social activities that promote the protection of intellectual property rights, and work with leaders from all walks of life to commit to the healthy development of intellectual property rights.

Intellectual property rights include copyrights, patent rights, and trademark rights. The specific content is as follows:

Main types:

1. Trademark right refers to the exclusive right granted by the trademark authority to the trademark owner in accordance with the law to protect the registered trademark under national law. A trademark is a commercial sign used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional signs, color combinations, 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. To obtain trademark rights in my country, the trademark registration procedure must be followed, and the first-to-file principle must be implemented. Trademark is an identification mark in industrial activities, so the role of trademark rights is mainly to maintain order in industrial activities, which is different from the role of patent rights, which is mainly to promote the development of industries.

2. Patent rights and patent protection refer to an invention-creation filing a patent application with the National Patent Office. After passing the examination in accordance with the law, the patent applicant is granted the right to enjoy the invention-creation within the specified time. exclusive rights. According to our country, there are three types of inventions, inventions, utility models and designs. After an invention or utility model patent is granted patent rights, 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, or use the patent for production and business purposes. Commitment to sell, sell and import its patented products. After the design patent right is granted, no unit or individual may implement the patent without the permission of the patentee, that is, they may not manufacture, sell or import the patented products for production and business purposes. Without the permission of the patentee, the exploitation of the patent will infringe the patent rights. If a dispute arises, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested parties may sue the People's Court or request management. The department handles patent work. Of course, there are exceptions to non-infringement, such as right of prior use and use for scientific research purposes. Patent protection adopts a protection model of “two channels, parallel operations, and judicial guarantee” 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. Copyright arises from the date of completion of the creation of the work. It is also called copyright and is divided into moral rights and property rights. Among them, the connotation of moral rights of works includes the right of publicity, the right of name expression, and the right to prohibit others from using the work in a distorted or altered manner to damage the reputation of the author.

There are the following rights:

(1) The right of publication, that is, the right to decide whether the work will be made public;

(2) The right of signature, that is, the right to indicate the author’s identity and sign the work Rights;

(3) The right to modify, that is, the right to modify or authorize others to modify the work;

(4) The right to protect the integrity of the work, that is, the right to protect the work from distortion or tampering ;

(5) The right to reproduce, that is, the right to make one or more copies of the work by printing, copying, rubbing, recording, videotaping, ripping, or photographing;

(6) Distribution rights, that is, the right to provide originals or copies of works to the public by selling or donating them;

(7) Rental rights, that is, allowing others to temporarily use film works and make films in similar ways for a fee Rights to works and computer software created by other methods, except that computer software is not the main subject of the lease;

(8) Exhibition rights, that is, the right to publicly display originals or copies of fine arts and photographic works;

(9) Performance rights, that is, the right to publicly perform works, and the right to publicly broadcast works by various means;

(10) Screening rights, that is, through projectors, slide projectors, etc. The right of technical equipment to publicly reproduce art, photography, movies, and works created by methods similar to filmmaking;

(11) Broadcasting rights, that is, the right to publicly broadcast or disseminate works by wireless means, or by wired dissemination or the right to disseminate broadcast works to the public by means of rebroadcasting, and the right to disseminate broadcast works to the public through loudspeakers or other similar tools that transmit symbols, sounds, and images;

(12) Information network dissemination Rights, that is, the right to provide works to the public through wired or wireless means, so that the public can obtain the works at a time and place of their own choosing;

(13) Filming rights, that is, to make movies or to The right to fix the work on a carrier in a similar way to making a movie;

(14) Adaptation right, that is, the right to change the work and create a new original work;

(15) The right of translation, that is, the right to convert a work from one language into another;

(16) The right of compilation, that is, the right to assemble a work or fragments of a work through selection or arrangement the right to create new works.

Legal basis:

"People's Republic of China and Civil Code"

Article 123 Civil subjects enjoy intellectual property rights in accordance with the law. Intellectual property rights are exclusive rights enjoyed by rights holders in accordance with the law with respect to the following objects:

(1) Works;

(2) Inventions, utility models, and designs;

(3) Trademark;

(4) Geographical indication;

(5) Trade secret;

(6) Integrated circuit layout design;

(7) New plant varieties;

(8) Other objects stipulated by law