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Copyright includes the following personal rights and property rights:
(1) The right of publication, that is, the right to determine the work The right to make it public;
(2) The right of signature, that is, the right to indicate the identity of the author and sign the work;
(3) The right of modification, that is, to modify or authorize others to modify the work
(4) The right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering;
(5) The right to reproduce, that is, the right to print, copy, or The right to make one or more copies of the work by means of recording, video recording, dubbing, or photocopying;
(6) Distribution right, that is, the right to provide the original or copies of the work to the public by selling or donating it Rights;
(7) Rental rights, that is, the right to license others to temporarily use film works, works created with methods similar to filmmaking, and computer software for a fee, unless computer software is not the main subject of the lease; < /p>
(8) Exhibition rights, that is, the right to publicly display originals or copies of art works and photographic works;
(9) Performance rights, that is, publicly performing works, and using various The right to publicly broadcast the performance of a work through means;
(10) Screening right, that is, the right to publicly reproduce works of art, photography, film, and works created by methods similar to filmmaking through projectors, slide projectors and other technical equipment ;
(11) Broadcasting rights, that is, the public broadcast or dissemination of works by wireless means, the dissemination of broadcast works to the public by wired dissemination or rebroadcasting, and the transmission of symbols and sounds through loudspeakers or other means. , image-like tools to disseminate broadcast works to the public;
(12) Information network dissemination rights, that is, providing works to the public in wired or wireless ways, so that the public can The right to obtain the work at the time and place;
(13) Filming right, that is, the right to fix the work on a carrier by making a film or by a method similar to filmmaking;
( 14) The right of adaptation, that is, the right to change the work and create a new original work;
(15) The right of translation, that is, the right to convert the work from one language to another. Rights;
(16) Right of compilation, that is, the right to assemble works or fragments of works into new works by selecting or arranging them;
(17) Should be enjoyed by the copyright owner other rights.
The copyright owner may permit others to exercise the rights specified in items (5) to (17) of the preceding paragraph, and receive remuneration in accordance with the agreement or relevant provisions of the Copyright Law.
The copyright owner may transfer all or part of the rights specified in items (5) to (17) of paragraph 1 of this article, and receive remuneration in accordance with the agreement or relevant provisions of the Copyright Law.
The scope of validity of trademark rights
The scope of protection of the exclusive right of registered trademarks. China’s Trademark Law stipulates that the exclusive right of use of a trademark registrant is limited to the approved registered trademark and the approved goods for use. The scope of validity of the right to use involves two situations: (1) It is limited to the use of approved and registered words and graphics, and cannot exceed the approved scope. (2) It is limited to the products approved for use and cannot be used for similar products. At the same time, the owner of a registered trademark also has the right to prohibit others from using a trademark that is identical or similar to the registered trademark on the same or similar goods without permission. The scope of the right of prohibition involves four situations: (1) use of the same trademark on the same product; (2) use of a similar trademark on the same product; (3) use of the same trademark on similar products; (4) use of the same trademark on similar products Similar trademarks are used on the goods.
(1) Rights of the patentee
1. Exclusive right to implement
Exclusive right to implement includes two aspects:
(1 ) The patentee's right to implement his patent by himself, that is, the patentee's exclusive right to manufacture, use, sell, and allow sales of his patented products according to law, or the patentee's exclusive right to use his patented method according to law. rights as well as the exclusive right to use and sell products directly obtained according to the patented method;
(2) The patentee’s privilege to prohibit others from exploiting its patent. Except as otherwise provided by the Patent Law, invention and utility model patentees have the right to prohibit any unit or individual from implementing their patent without their permission, that is, manufacturing, using, selling, allowing the sale, or importing their patented products for production and business purposes. Or use its patented method and use, sell, allow the sale, and import products directly obtained according to the patented method; the design patentee has the right to prohibit any unit or individual from implementing its patent without its permission, that is, manufacturing, Sales and import of its patented design products.
2. The right of transfer
refers to the right of the patentee to transfer the ownership of the patent it has obtained to others. When transferring patent rights, the parties concerned shall enter into a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of patent rights takes effect from the date of registration. Any transfer of patent rights by Chinese entities or individuals to foreigners must be approved by the relevant competent authorities under the State Council.
3. Licensing right
Licensing right refers to the right of the patentee to license others to implement its patent and collect patent royalties through the implementation of a licensing contract.
4. Right to mark
The right to mark means that the patentee has the right to decide whether to display the patent mark and patent number on its patented product or the packaging of the product.
5. The right to request protection
The right to request protection means that when the patentee believes that his patent rights have been infringed, he has the right to sue the people's court or request the patent management department to protect his patent. rights of rights. Protection of patent rights is the core of the patent system. If others exploit the patent without the patent owner's permission, infringing the patent rights and causing disputes, the patent owner can directly file a lawsuit with the People's Court, or request the patent management department to handle it.
6. Right to give up
The patentee may voluntarily give up his patent right at any time before the expiration of the patent protection period by making a written statement or by not paying an annual fee. . The Patent Law stipulates: "If the patentee gives up his patent rights in a written statement," the patent rights will be terminated before the expiration of the term. After the patentee makes a declaration of abandoning the patent right, its patent right can be terminated once it is registered and announced by the Patent Administration Department of the State Council.
When giving up patent rights, you need to pay attention to: A. When the patent rights are owned by more than two units or individuals, the waiver must be obtained with the consent of all patentees; B. The patentee has signed a contract with others When a patent license contract is signed to allow others to exploit the patent, the licensee's consent must be obtained in advance when giving up the patent rights, and the licensee must be compensated for the resulting losses according to the contract. Otherwise, the patentee shall not arbitrarily Waiver of patent rights.
7. Pledge rights
According to the Security Law, the patentee also has the right to pledge the property rights in its patent rights.