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2020 Intermediate Economist Business Administration Major Test Points: Main Forms of Intellectual Property

1. The Concept of Intellectual Property

Intellectual Property refers to people’s intellectual work civil rights enjoyed by the results.

2. The main intellectual property rights recognized and protected in legal form in our country are:

① Copyright;

② Patent right;

③Trademark rights;

④Business secrets;

⑤Other relevant intellectual property rights.

Note: distinction between protection periods.

① Copyright (copyright)

my country's "Copyright Law" stipulates:

The author's right to sign, modify, and protect the integrity of the work: the protection period is not limited to limit.

For citizens’ works, the right to publish, copy, distribute, rent, etc.: the protection period is the life of the author and 50 years after the death, ending on December 31 of the 50th year after the author’s death. .

②Patent right

It refers to the exclusive right granted to the applicant by the national patent office in accordance with the patent law within the statutory period for his or her invention and creation.

my country’s Patent Law stipulates that the term of a patent right is calculated from the date of application, and the patent right is awarded to the first person to apply.

The term of invention patent is: 20 years.

The term of utility model and design patent rights is: 10 years.

All are calculated from the date of application.

③Trademark rights

my country’s Trademark Law stipulates:

The validity period of a registered trademark is 10 years, calculated from the date of approval of registration.

If a registered trademark expires and needs to be continued to be used, the renewal procedure should be completed within 12 months before expiration. Each renewal registration is valid for 10 years;

In the above If the application cannot be processed within the period, a 6-month extension period can be granted;

Each renewal of registration is valid for 10 years, calculated from the day after the expiration of the previous term of validity of the trademark;

If renewal procedures are not completed upon expiration, the registered trademark will be cancelled.

④Trade secrets

The definition of my country’s "Anti-Unfair Competition Law":

Refers to information that is not known to the public, has commercial value and has been adopted by the right holder Technical information and business information protected by confidentiality measures.