Types and categories of intellectual property protection include:
1. Copyright, also known as copyright, is a civil right enjoyed by the original author of literary, artistic and scientific works according to law. The main relevant laws and regulations include the Copyright Law of People's Republic of China (PRC) and its implementing regulations, the Regulations on the Protection of Computer Software, the Regulations on the Protection of Information Network Communication Right, the Regulations on the Collective Administration of Copyright, and the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Copyright Civil Disputes.
Second, the patent right, referred to as "patent". The exclusive rights and exclusive rights enjoyed by the inventor or his assignee in accordance with the law for a specific invention-creation within a certain period of time. An intellectual property right. The object of patent right includes invention, utility model and design. The main relevant laws and regulations are the Patent Law of People's Republic of China (PRC) and its implementing rules.
Third, the trademark right refers to the exclusive right given by the national law to the trademark authority to protect the registered trademark of the trademark owner. A trademark is a commercial symbol used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional symbols, color combinations or combinations of the above elements. The acquisition of trademark rights in China must fulfill the trademark registration procedure and implement the principle of first application. Trademark is an identification mark in industrial activities, so the function of trademark right mainly lies in maintaining order in industrial activities, which is different from that of patent right mainly in promoting industrial development. The main relevant laws and regulations are the Trademark Law of People's Republic of China (PRC) and its implementing regulations, and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes.
4. The right to trade secrets is the intellectual property right enjoyed by citizens, enterprises, units and organizations. The scope of protection of trade secrets includes all technical information, commercial information and other information related to commercial competition. The composition condition of trade secrets is related information: 1, which has economic value; 2. More secretive; 3. The controller of relevant information has taken certain reasonable confidentiality measures. At present, the legal basis for protecting the right to trade secrets is mainly the Law of People's Republic of China (PRC) against Unfair Competition.
Five, the manufacturer's name right, or trade name right, is the patent right for enterprises to use or register their own business distinguishing marks according to law. The legal significance of this right lies in: when others use the same or similar name, the obligee can ask to stop using it to avoid confusion; If losses are caused by illegal infringement by others, the obligee may demand compensation for the losses. In our country, the general principles of civil law, product quality law, anti-unfair competition law and other laws all stipulate the protection of the name right of manufacturers.
6. The right to name the source or place of origin of the goods. The mark of origin and the name of origin of commodities are the distinguishing marks of commodities related to commodities, which are called "geographical indications" in the Agreement on Intellectual Property Rights.
1, the mark of origin refers to the mark used to indicate the origin of the goods, in other words, it is a distinctive mark used to indicate that the goods are produced, manufactured or processed in a specific country, region or place. For example, "Made in China" China scholars generally believe that the mark of origin usually only represents the overall reputation of the country of origin, and has no direct connection with the product quality, let alone the specific quality of the product.
2. The name of the country of origin is a distinctive sign indicating the place where the goods are produced and the goods are related to a certain geographical condition or traditional technology. Therefore, the name of the country of origin can indicate the special nature or quality of the product. If the goods of the same quality can be produced in other regions, then the region can only be regarded as a "source sign" because people have not associated the goods with the manufacturing process in this region.
For the protection of the mark of origin and the right of name of origin, most countries adopt the anti-unfair competition law to protect it. Paris Convention for the Protection of Industrial Property is the earliest international convention to protect the marks of goods origin and the naming right of origin. The Madrid Agreement on the Suppression of False or Deceptive Names of Origin has made specific provisions on the suppression of false marks of origin and names of origin among member States. The Agreement on Intellectual Property Rights has specially set up a section on geographical indications, which gives comprehensive protection to geographical indications. China is a member of the Paris Convention, and the mark of origin and the naming right of origin of commodities are protected by Chinese laws. Mainly reflected in the provisions of the fourth paragraph of Article 5 and Article 9 of the Anti-Unfair Competition Law.
Seven, the exclusive right of integrated circuit layout design, is an independent intellectual property right, is the exclusive right of the right holder to copy and commercial use of its layout design. At present, there is no legislation to protect this intellectual property right in China, but China has joined the international protection treaties such as the Treaty on Intellectual Property Rights of Integrated Circuits and the Agreement on Intellectual Property Rights.
Eight, the right to new plant varieties. A new plant variety refers to a new plant variety with novelty, specificity, consistency and stability, which has been cultivated artificially or developed from wild plants found, and has an appropriate name. Units and individuals that have completed breeding enjoy exclusive rights to the varieties authorized by them, that is, the right to new plant varieties. In order to strengthen the protection of new plant varieties and encourage the cultivation and use of new plant varieties, China promulgated the Regulations on the Protection of New Plant Varieties in People's Republic of China (PRC).