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Intellectual property content

(1) Intellectual property is a kind of intangible property.

(2) Intellectual property rights are proprietary.

(3) Intellectual property rights have the characteristics of timeliness.

(4) Intellectual property rights have regional characteristics.

(5) The acquisition of most intellectual property rights requires legal procedures. For example, the acquisition of trademark rights requires registration.

The "General Principles of the People's Republic of China and Civil Law" stipulates six types of intellectual property rights, namely copyright, patent right, trademark right, discovery right, invention right and other scientific and technological achievement rights, and stipulates Civil law protection system for intellectual property rights. The "Criminal Law of the People's Republic of China" also defines the relevant content of intellectual property crimes in eight articles in Section 7, thus defining China's criminal law protection system for intellectual property rights. In addition, separate laws and administrative regulations such as the "Patent Law of the People's Republic of China", "Trademark Law", "Copyright Law", and "Regulations on Invention Rewards" also provide for relevant intellectual property rights.

(1) Copyright and neighboring rights. Copyright, also known as copyright, refers to the personal and property rights enjoyed by authors of literary, artistic and scientific works and their related subjects in accordance with the law. Neighboring rights are called “copyright-related rights and interests” in copyright law.

(2) Patent rights, that is, the exclusive rights to implement inventions, utility models and designs enjoyed by natural persons, legal persons or other organizations in accordance with the law within a certain period of time.

(3) Trademark rights, that is, the various rights that the trademark registrant or rights successor enjoys over the registered trademark within the statutory period.

(4) Trade secret rights, that is, the exclusive rights enjoyed by civil subjects in accordance with the law over technical information or business information that are trade secrets.

(5) New plant variety rights, that is, the exclusive right to use the authorized varieties enjoyed by the unit or individual who has completed the breeding in accordance with the law.

(6) Integrated circuit layout design rights, that is, the exclusive rights enjoyed by natural persons, legal persons or other organizations in accordance with the law over integrated circuit layout designs.

(7) Trade name right, that is, the exclusive right to use a trade name that a commercial entity enjoys within a certain geographical scope according to law.

There are large differences in the theoretical circles as to whether the right to reward scientific and technological achievements, geographical indication rights, domain name rights, anti-unfair competition rights, special database rights, commercialization rights, etc., can become independent intellectual property rights.

In 1893, the International Bureau established under the Paris Convention for the Protection of Industrial Property and the International Bureau established under the Berne Convention for the Protection of Literary and Artistic Works joined forces to form the International Joint Bureau for the Protection of Intellectual Property. The World Intellectual Property Organization was established in Stockholm in 1967 and became one of the specialized agencies of the United Nations in 1974. China joined the World Intellectual Property Organization on March 3, 1980, and became a formal member of the organization on June 3 of the same year.

World Intellectual Property Day 4.26

According to the proposal of the People’s Republic of China and Algeria in 1999, the 35th Session of the World Intellectual Property Organization held in 2000 The conference passed a resolution and decided to designate April 26 every year as "World Intellectual Property Day" starting from 2001. April 26 is the date on which the Convention Establishing the World Intellectual Property Organization (the “World Intellectual Property Organization Convention”) comes into force.