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What does intellectual property include?

Intellectual property rights include: industrial property rights and copyright (called copyright in our country).

Expansion:

Industrial property rights

Invention patents, trademarks and industrial designs constitute industrial property rights. Industrial property rights include patents, trademarks, service marks, manufacturer names, names of origin, suppression of unfair competition, new plant variety rights and exclusive rights to integrated circuit layout designs, etc.

Main types:

1. Trademark rights refer to the exclusive rights granted by the trademark authorities to trademark owners in accordance with the law to protect their registered trademarks under national laws. 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 my country's patent law, there are three types of inventions, namely 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. Promise 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, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party 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 protection" 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. Trade name rights. That is, the manufacturer's name right is a right to use one's registered trade name (manufacturer name, company name) without interference from others. An enterprise's trademark right cannot be equated with an individual's name right (a type of personality right).

Copyright:

1: Copyright arises from the date of completion of the creation of the work.

2: Also called copyright. 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.