Question 2: Do Chinese domain names have intellectual property rights? Li, a judge of Haidian District People's Court in Beijing, questioned the legality of the procedure: "The final determination of whether a domain name has intellectual property rights should be judged by the court. As a local department, it is inappropriate for the Beijing Municipal Administration for Industry and Commerce to raise this controversial issue around the world."
Gao Lin Lu, former director of the Intellectual Property Office and candidate for ICANN's director in China, suggested that the intellectual property rights of domain names should be viewed from a development perspective. At the beginning, domain name was a parameter of network technology, but with the development of e-commerce, more and more enterprises will go online in the future, and enterprises will regard it as the main logos. At this time, domain name, as an intellectual property, can be accepted by everyone.
Dr Hong Xue of the Foreign Affairs University believes that it is still difficult to define whether domain names are protected by intellectual property rights. "First, from the current situation, many domain names have entered the intellectual property protection system and are protected by intellectual property rights. For example, the domain name registrant realizes that his domain name has established credibility in related fields, and then registers the domain name as the font size in the trademark or enterprise name. At this point, the domain name can be protected according to the registered trademark or enterprise name. Second, although some well-known domain names are not registered as trademarks or as font sizes in enterprise names, they can also be protected according to the right of goodwill in the Anti-Unfair Competition Law. A world-famous domain name like Yahoo can be recognized as a "commercial trademark" and enjoy a certain degree of legal protection, for example, to prevent others from registering the domain name as a trademark or a corporate name. Third, whether a domain name can develop into an independent "domain name right" depends on the situation. After all, intellectual property is an evolving right. "
Question 3: Whether a domain name is protected by intellectual property rights mainly depends on its originality. "Independence" means coming from oneself rather than others, and "creation" means reaching a certain level of intellectual creation. If the general lecture content is a simple retelling of the textbook, it may not be original and is not protected by copyright law. If the lecture content is carefully designed and organized, and your own understanding and exposition are added, such as some handouts on the market, it will meet the requirements of copyright law to protect the originality of works and be protected by copyright law.
Question 4: What kind of intellectual property rights should domain names protect? It belongs to trademark right, domain name right (Chinese domain name right) and website name right.
Amin Com to answer your questions, focusing on domain name registration and transaction services.
Question 5: What is the jurisdiction level of intellectual property domain name disputes? Generally, it is under the jurisdiction of the intermediate people's court, except for copyright disputes. Of course, some places now have special intellectual property courts. Legal basis: Paragraph 3 of Article 2 of the Interpretation of the Supreme Court on Jurisdiction and Legal Scope in the Trial of Trademark Cases stipulates: "Trademark civil disputes of first instance shall be under the jurisdiction of the Intermediate People's Court." Article 2 of the Supreme Court's Provisions on the Applicable Law in the Trial of Patent Cases stipulates: "Patent dispute cases of first instance shall be under the jurisdiction of the intermediate people's courts where the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are located and the intermediate people's courts designated by the higher people's courts." Article 2 of the Interpretation of the Supreme Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Disputes stipulates: "Copyright civil disputes shall be under the jurisdiction of the people's courts at or above the intermediate level. The Higher People's Court may, according to the actual situation in its jurisdiction, determine that some grass-roots people's courts have jurisdiction over copyright civil disputes of first instance.
Question 6: Intellectual property rights of domain names and websites. It is ok to use a domain name, provided that you can apply; When you apply for a domain name, it is not impossible for you to have the same name as a well-known website, but whether your website can be searched by others in different places where your server is located depends on the optimization of technicians. If the name is still not exactly the same, the logo can't be the same. After you apply for a domain name, you can use this domain name to show your products and the image of your company. You can make it searchable on Baidu, and many search engines can search it quickly, so that others will find your product more easily and your business will be better.
Question 7: What is intellectual property? Intellectual property refers to the exclusive rights enjoyed by citizens, legal persons or other organizations in science and technology or culture and art for the intellectual achievements obtained by creative labor. This definition includes three meanings:
(1) The object of intellectual property is the intellectual achievement of human beings, which some people call spiritual (intellectual) output. This kind of output (intellectual achievement) also belongs to an intangible property or intangible property, but it is different from intangible property belonging to physical products (such as electricity) and intangible property belonging to rights (such as mortgage and trademark rights). It is the direct product of human intellectual activity (brain activity). This intellectual achievement is not only thought, but also the expression of thought. But it is different from the carrier of thought.
(2) The exclusive use of intellectual achievements by the right subject is similar to the ownership in real right, so it was classified as real right in the past.
(3) The benefits obtained by the obligee from intellectual property rights are both economic and non-economic. These two aspects are combined and inseparable. Therefore, intellectual property rights are different from neighboring rights (mainly non-economic interests) and property rights (mainly economic interests).
Intellectual property rights include: industrial property rights and copyright (called copyright in China).
■ Industrial property rights consisting of invention patents, trademarks and industrial designs. Industrial property rights include patents, trademarks, service marks, names of manufacturers, names of countries of origin and prevention of unfair competition. The following only points out some main types of industrial property rights:
△ Trademark right refers to the exclusive right granted by the national law to the trademark authority to protect the registered trademark of the trademark owner. A trademark is a commercial symbol used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional symbols, color combinations or combinations of the above elements. The acquisition of trademark rights in China must fulfill the trademark registration procedure and implement the principle of first application. Trademark is an identification mark in industrial activities, so the function of trademark right mainly lies in maintaining order in industrial activities, which is different from that of patent right mainly in promoting industrial development.
△ Patent right and patent protection refer to the patent application that has been filed with the State Patent Office, and after being examined and approved according to law, the patent applicant is granted the exclusive right to enjoy the invention and creation within the specified time. After an invention-creation is granted a patent right, the patentee enjoys exclusive rights to his invention-creation. No unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented products for production and business purposes. Without the permission of the patentee, the implementation of his patent will infringe his patent right and cause disputes, which shall be settled by the parties through consultation; Unwilling to negotiate or if negotiation fails, the patentee or interested party may bring a lawsuit to the people's court or request the administrative department for patent affairs to handle it. Patent protection adopts the protection mode of "two-way parallel and judicial guarantee" between judicial and administrative law enforcement. The administrative protection in this area takes the form of patrol law enforcement and joint law enforcement, focusing on cracking down on group infringement, repeated infringement and other phenomena that seriously disturb the patent legal environment.
△ Trade name right. In other words, the manufacturer's name right is the right to use its registered trademark name (manufacturer's name, enterprise name) without interference from others. The trademark right of an enterprise cannot be equated with the right of personal name (a kind of personality right).
In addition, such as the name of origin, know-how and anti-unfair competition are also stipulated in the Paris Convention, but the name of origin is not an intellectual achievement, and know-how and unfair competition can only be protected by the anti-unfair competition law, generally not included in the scope of intellectual property rights.
■ Natural science, social science, literature, music, drama, painting, sculpture, photography and cinematography constitute copyright. Copyright refers to the right of a unit or individual to print, publish and sell a work according to law. Anyone who wants to copy, translate, adapt or perform needs permission from the copyright owner, otherwise it will infringe on the rights of others. The essence of intellectual property rights is to treat human intellectual achievements as property. Copyright is the creator and creator of literary, artistic and scientific works, and it is a civil right enjoyed by their works according to law.
△ All rights reserved. In China, copyright in a broad sense includes copyright (in a narrow sense), neighboring rights of works, computer software copyright and so on. , which belongs to the scope stipulated by the copyright law. This is the exclusive right of the copyright owner to use the crop (work). In a narrow sense, copyright is divided into publishing right and agency right >>
Question 8: Why should the domain name become an independent intellectual property balance? The domain name was originally owned by whoever registered it. Now someone specializes in domain name business. For example, you registered several good domain names more than ten years ago. I estimate that the money of domain names is enough for you to spend your whole life.
Question 9: How to handle the notice of Internet intellectual property disputes? This is a typical marketing tool.
Although many people claim that Chinese domain names are easy for consumers to remember, at least I never use Chinese domain names to visit other people's websites.
The protection of company names is regional, except for well-known trademarks. Usually, as long as it is not registered in the administration for industry and commerce of the same prefecture-level city, the font size part of the company name can be the same. So there may be many companies with the same name all over the country. When registering a network domain name, it is impossible and unnecessary to inquire whether it is the same as the existing company name.
In order to get business, some internet companies contact companies in the name of protecting intellectual property rights, which is an improper marketing method.
If your company has no intention of registering a Chinese domain name for publicity, you can ignore it. If your company intends to register Chinese domain names, it is recommended to find another regular domain name service provider to register.
Question 10: What is the intellectual property of e-commerce? 1) The intangibility of intellectual property.
The object of intellectual property is intangible intellectual creativity, which is an intangible information that can be separated from its owner and used by multiple subjects at the same time. Under certain conditions, intellectual property itself will not suffer losses or losses due to the use of multiple subjects. This feature is different from tangible property.
2) Some intellectual property rights have the duality of property rights and personal rights.
This kind of intellectual property, such as copyright, is mainly reflected in the exclusive right or exclusive right enjoyed by all people, and the right to license others to use it and get paid. Its owner can monopolize the implementation by himself, or obtain income by licensing others for compensation, and can also buy, sell or mortgage like tangible property. Its personal right attribute mainly refers to the right of signature and so on. Of course, some intellectual property rights have a single attribute. For example, the right of discovery has only the attribute of reputation right, but not the attribute of property right. Trade secrets only have property rights, not personal rights. Patent and trademark rights are mainly embodied in property rights, and what is the attribute of their personal rights is controversial.
3) Review and confirm according to law
Because intangible intellectual achievements are not as visible as tangible property, it is necessary to examine and confirm the property rights of such intellectual achievements and their legal protection according to law. For example, the invention of an inventor in China. Although the utility model or design has value and use value, its inventor cannot automatically obtain the patent right. The creator must apply for a patent to the State Patent Office in accordance with the relevant provisions of the Patent Law, and the Patent Office will examine the application in accordance with legal procedures. If the application meets the conditions stipulated in the Patent Law, the Patent Office will make a decision to grant the patent right and issue a patent certificate. Only after the patent office issues an authorization announcement can creators enjoy intellectual property rights. For the acquisition of trademark rights, China and most countries implement the registration system. Only after applying to the State Trademark Office for registration and approval can the trademark right be obtained. Although the copyright of literary and artistic works and computer software is automatically generated when the works complete their rights, in some countries, it can only be protected by registration or copyright marking; When protecting the copyright of a work, the court should first examine whether the work is original according to law. Works without originality are not protected. In this sense, the protection of copyright objects should also be reviewed according to law. For the protection of trade secrets, the court should first examine whether it has the protection conditions stipulated by law. Without one of the statutory conditions, the court will not protect it. Therefore, many scholars believe that intellectual property is a right granted by the court and needs to be confirmed according to law.
4) Exclusivity or exclusivity
Because intellectual achievements can be used by multiple subjects at the same time, most intellectual property rights are the exclusive rights granted by law, and no unit or individual may use them without the permission of the obligee, otherwise it will constitute infringement and bear corresponding legal responsibilities. Of course, the law stipulates certain restrictions on various intellectual property rights, but these restrictions do not affect their unique rights. There are also a few intellectual property rights that do not have the characteristics of exclusive rights. For example, the owner of a technical secret cannot prohibit a third party from using the same technical secret independently developed or legally obtained. Therefore, trade secrets do not have complete property rights.
5) Regionality
Intellectual property rights have strict regional characteristics, that is, intellectual property rights granted by competent authorities of various countries according to their own laws can only be protected by law within their own territory. For example, the patent right granted by China Patent Office or the exclusive right to use a trademark approved by China Trademark Office can only be protected in China, but not in other countries. Foreigners' use of invention patents authorized by the China Patent Office abroad does not infringe our patent rights. Therefore, inventions made by China citizens and legal persons must apply for patents in foreign countries if they want to be protected in foreign countries. Or vice versa, Dallas goes to the auditorium, which is one of the principles stipulated in the Paris Convention for the Protection of Industrial Property. Although copyright is automatically generated, it is also restricted by the region. Not all the works of foreigners are protected by Chinese laws, just because China has acceded to international conventions such as Berne Convention for the Protection of Literary and Artistic Works and universal copyright convention, fulfilled its obligations under these two international conventions, and protected the national works of the member countries of these conventions. Other member States of the Convention also protect the works of China citizens and legal persons in accordance with the provisions of the Convention. In addition, according to the bilateral agreement between the two countries, mutual protection is given to each other's national works.
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