The book written by writer Li was published by a publishing house in May 1998. On October 24, 2000, a certain film and television cultural center commissioned the famous writer Xia to create and publish another work reflecting the life story of a famous industrialist. Li filed a lawsuit on the grounds that the book infringed upon his copyright. After review by the court, nearly 20,000 words of textual expressions in Xia's book are basically the same as those in Li's book, and many expressions are expanded from the meaning of Li's book. Taken as a whole, the defendant's work is substantially similar to the plaintiff's work in terms of the basic plot setting and the arrangement of some characters, which constitutes an infringement of the plaintiff's copyright. After a trial, the court ruled that Xia should stop infringement, apologize, and compensate for infringement losses of 90,000 yuan. It also ordered the publisher and seller of the book written by Xia to stop infringement.
Acquiring knowledge is the primary prerequisite for improving human intelligence. Knowledge is disseminated through social exchanges, normal transactions in the market, and the price income of intellectual assets is obtained. Therefore, the existence of knowledge value becomes the basis of intellectual property rights. Compared with the property rights of tangible assets, intellectual property rights are the property rights of intangible assets.
Intellectual achievements, also known as intellectual property rights, are certain exclusive rights granted by law to people over their creative intellectual achievements. Intellectual property rights include personal rights and property rights in terms of content. Personal rights in intellectual property rights are moral rights based on the specific identity of the creator of intellectual achievements, such as the right of publication, signature, modification, etc. enjoyed by the author; while property rights refer to the legal rights of the creator of intellectual achievements to receive certain remuneration and awards. rights, such as transfer fees and license fees for patents, trademarks and works, etc.
According to the provisions of my country's "General Principles of Civil Law", copyright, patent rights, trademark rights, invention rights, discovery rights and other rights to scientific and technological achievements belong to the scope of my country's intellectual property rights.
Copyright refers to the rights generated by law based on literary creation, artistic and scientific works. The scope of works protected by copyright is very wide, including literary works, oral works, music, drama, folk arts, dance, acrobatic works, etc. The rights of copyright are divided into personal rights and property rights. Moral rights include the right to publish, authorize, modify, and protect the integrity of the work. Copyright rights include reproduction rights, distribution rights, rental rights, exhibition rights, performance rights, screening rights, broadcast rights, information network dissemination rights, filming rights, adaptation rights, translation rights, compilation rights, annotation rights and arrangement rights.
Patent rights refer to the civil rights enjoyed by patent inventors over their inventions, utility models and designs. The patentee enjoys property rights and personal rights over the patent for his invention. Patented inventions protected by my country's patent law include inventions, utility models and designs. The patentee has the right to exclusively use the patent, the right to prohibit others from using the patent, the right to dispose of the patent, and the right to indicate patent rights on products or packaging.
Trademark rights refer to the right granted by law to trademark owners to control their registered trademarks. The object of trademark rights is a trademark, which refers to a visually perceptible mark that can distinguish the goods or services of one operator from those of other operators. Obtaining trademark rights requires registration. The trademark owner applies to the national trademark management agency for registration of the trademark he uses. After review and approval, and after obtaining the registration, he obtains the exclusive right to use the trademark. Trademark rights include: the exclusive right to use, which is the right of the trademark owner to use his or her registered trademark; the right of prohibition, which is the right to prohibit others from using his or her registered trademark; the right of licensing, which is the right of the trademark owner to license the trademark in accordance with the provisions of the law. The right of others to use their registered trademarks; the right to transfer, that is, the right to transfer their registered trademarks to others in accordance with the law.
In today's world, the role of knowledge is becoming more and more prominent. The protection of intellectual property rights helps create more wealth for society and enriches people's lives. Therefore, we must enhance the legal awareness of protecting intellectual property rights. Respect the intellectual property rights of others and actively participate in social protection of intellectual property rights. We must start from ourselves and the small things around us, such as not plagiarizing or plagiarizing other people's works; citing the source of other people's works; not buying pirated books or pirated CDs, etc.
Legal Dictionary
Article 12 of the "Copyright Law of the People's Republic of China" The copyright of works resulting from the adaptation, translation, annotation, and arrangement of existing works shall be determined by the adaptation , translators, annotators, and organizers shall enjoy the rights, but the copyright of the original work shall not be infringed upon when exercising the copyright.
Article 29: Book publishers who publish books shall enter into a publishing contract with the copyright holder and pay remuneration.