The validity period of intellectual property rights is divided into invention patent rights and design patent rights.
The term of invention patent rights is twenty years, and the term of utility model patent rights and design patent rights is ten years, both calculated from the date of application.
The patentee shall pay annual fees starting from the year when the patent right is granted.
Period of intellectual property protection:
1. The term of protection of trademark rights is 10 years;
2. Copyright except the author’s right of signature, right of modification, and protection of works In addition to the unrestricted protection period for integrity rights, there is a time limit for intellectual property protection.
Copyright:
1. The term of the author as a citizen, the protection period is the author’s lifetime and 50 years after the death, ending on December 31 of the 50th year after the author’s death; if It is a collaborative work and ends on December 31 of the 50th year after the death of the last author;
2. When the author is a legal person or other organization, the protection period is 50 years and ends when the work is first published. December 31 of the 50th year after the creation; however, if the work has not been published within 50 years after the creation, the copyright law will no longer protect it;
3. Period of special works, film works and similar films The protection period for works and photographic works created by this method is 50 years, ending on December 31 of the 50th year after the work was first published; however, if the work is not published within 50 years after the completion of the creation, the copyright law will no longer protect it.
The validity period of a registered trademark is 10 years, calculated from the date of approval of registration. If the registered trademark expires and needs to be continued to be used, the registrant should apply for renewal of registration within 6 months before expiration. Each renewal period is 10 years.
Infringement of intellectual property rights includes:
1. Unauthorized use of identical or similar trademarks and special signs in production, operation, advertising, publicity, performances and other activities , patents, works and other creative achievements;
2. Forgery, unauthorized manufacture of identical or similar trademarks, special signs or sale of forged or unauthorized manufacture of trademarks, special signs;
3. Use identical or similar trademarks, special signs, patents, works and other creative achievements in disguised form;
4. Register with enterprises, social groups, institutions, private non-enterprise units without authorization Identical or similar trademarks, special signs, patents, works and other creative achievements used in websites, domain names, place names, buildings, structures, places, etc.;
5. Provide venues and warehouses for infringements , transportation, mailing, concealment and other convenient conditions;
6. Other infringements that violate relevant national laws and regulations.
Legal basis: Article 26 of the "Copyright Law of the People's Republic of China"
Using other people's works must conclude a licensing contract with the copyright owner. This law does not require Except with permission.
The license contract includes the following main contents:
(1) Type of licensed rights;
(2) The licensed rights are exclusive rights of use Or non-exclusive right to use;
(3) Geographical scope and period of licensed use;
(4) Remuneration standards and methods;
(5) ) Liability for breach of contract;
(6) Other contents deemed necessary by both parties.