Question 1: What does intellectual property include? Intellectual property rights include: industrial property rights and copyright (called copyright in our country).

Copyright (copyright) can be protected without registration or copyright marking, while patents, trademarks, and property require registration or copyright marking.

Industrial property rights

Invention patents, trademarks and industrial designs constitute industrial property rights. Industrial property rights include patents, trademarks, service marks, manufacturer names, names of origin, suppression of unfair competition, new plant variety rights and exclusive rights to integrated circuit layout designs, etc.

Main types:

1. Trademark right refers to the exclusive right granted by the trademark authority to the trademark owner in accordance with the law to protect its registered trademark under national law. A trademark is a commercial sign used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional signs, color combinations, or a combination of the above elements. Symbols that are identical or familiar to the country, government, or international organizations, have ethnic discrimination, affect social morality, or are administrative divisions and place names above the county level cannot be registered as trademarks. The acquisition of trademark rights in my country must go through the trademark registration procedures, and the first-to-file principle is implemented. Trademark is an identification mark in industrial activities, so the role of trademark rights is mainly to maintain order in industrial activities, which is different from the role of patent rights, which is mainly to promote the development of industries.

2. Patent rights and patent protection refer to an invention-creation filing a patent application with the National Patent Office. After passing the examination in accordance with the law, the patent applicant is granted the right to enjoy the invention-creation within a specified period of time. exclusive rights. According to my country's patent law, there are three types of inventions, namely inventions, utility models and designs. After an invention or utility model patent is granted patent rights, the patentee has exclusive rights to the invention and creation. No unit or individual may exploit the patent without the permission of the patentee, that is, they may not manufacture, use, or use the patent for production and business purposes. Promise to sell, sell and import its patented products. After the design patent right is granted, no unit or individual may implement the patent without the permission of the patentee, that is, they may not manufacture, sell or import the patented products for production and business purposes. Without the permission of the patentee, the exploitation of the patent will infringe the patent rights. If a dispute arises, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may sue the People's Court or request management. The department handles patent work. Of course, there are exceptions to non-infringement, such as right of prior use and use for scientific research purposes. Patent protection adopts a protection model of "two channels, parallel operations, and judicial protection" of judicial and administrative law enforcement. Administrative protection in this region adopts the form of patent enforcement in the form of roving enforcement and joint enforcement, concentrating efforts and focusing on intensifying the crackdown on group infringement, repeated infringement and other phenomena that seriously disrupt the patent legal environment. Patent rights cannot be granted for scientific discoveries, rules and methods of intellectual activity, methods of diagnosis and treatment of diseases, animal and plant varieties, and substances obtained by nuclear transformation methods.

3. Trade name rights. That is, the manufacturer's name right is a right to use one's registered trade name (manufacturer name, company name) without interference from others. An enterprise's trademark rights cannot be equated with an individual's name rights (a type of personality right).

In addition, names of origin, know-how, and anti-unfair competition are also stipulated in the Paris Convention. However, names of origin are not intellectual achievements. Know-how and unfair competition can only be protected by anti-unfair competition. Competition law protection is generally not included in the scope of intellectual property rights.

Copyright (copyright)

Copyrights consist of works in the natural sciences, social sciences, literature, music, drama, painting, sculpture, photography and cinematography. Copyright is the legally stipulated right for a certain unit or individual to print, publish and sell a certain work. Anyone who wants to copy, translate, adapt or perform must obtain the permission of the copyright owner, otherwise it will be an infringement of the rights of others. Behavior. The essence of intellectual property rights is to treat human intellectual achievements as property. Copyright is a civil right enjoyed by original authors of literary, artistic, scientific and technological works in accordance with the law.

Copyright: In my country, when copyright is used in a broad sense, it includes (in a narrow sense) copyright, neighboring rights, computer software copyright, etc., which fall within the scope of the Copyright Law. This is the exclusive right of the copyright owner to exclusively exploit the work (work). Copyright in the narrow sense is further divided into the right to publish, the right to authorize, the right to modify, the right to protect the integrity of the work, the right to use and the right to receive remuneration (Article 10 of the Copyright Law). Copyright is divided into personal rights and property rights. Copyright, patent rights, and trademark rights sometimes overlap...>>

Question 2: What does intellectual property include? 1． Copyright and related 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 refer to the exclusive right to implement inventions, utility models and designs that a natural person, legal person or other organization enjoys within a certain period of time in accordance with the law.

3. Trademark rights refer to various rights that a trademark registrant or rights successor enjoys over a registered trademark within the statutory period.

4． Trade secret rights refer to 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 refer to the exclusive right to use the authorized varieties enjoyed by units or individuals who have completed the breeding in accordance with the law.

6. Integrated circuit layout design rights refer to 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 rights refer to the exclusive right to use a trade name that a commercial entity enjoys in accordance with the law within a certain geographical scope.

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.

Question 3: What aspects does corporate intellectual property include? Corporate intellectual property includes: (1) Patent rights (inventions, utility models, designs); (2) Trademark rights: corporate registered trademarks and service marks; (3) Copyright (copyright): mainly includes engineering design, product design drawings and descriptions, computer software, integrated circuit layout design: photography, video and other graphics, text and other creative works, as well as books and materials, teaching materials, large photography albums Waiting for editing works. (4) Trade secrets: refers to technical information and business information that are not known to the public and can bring economic benefits to the unit, are practical, and have been kept confidential by the unit. Mainly includes non-patented technology, technical information and operating information related to scientific research, design, production, management, market; finance and so on. (5) Others

Question 4: What is intellectual property and what does it include? Intellectual property refers to: intellectual products generated by citizens or legal persons engaged in intellectual creation or innovative activities in accordance with the provisions of the law. The exclusive rights enjoyed, also known as "intellectual achievement rights" and "intangible property rights", mainly include industrial property rights and natural sciences, social sciences, literature, music, etc. including copyrights, patents, trademarks, and industrial designs. Works in drama, painting, sculpture, photography and film consist of two parts of copyright (authorship). Intellectual property is an ever-expanding open system. The development of science and technology and social progress have not only continuously enriched the connotation of traditional types of intellectual property rights, but also continuously expanded the extension of intellectual property rights. According to international conventions such as the TRIPs Agreement and the Convention Establishing the World Intellectual Property Organization, as well as domestic legislation such as the General Principles of Civil Law and the Anti-Unfair Competition Law, the scope of intellectual property rights mainly includes the following contents: 1. Copyright and related 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 refer to the exclusive right to implement inventions, utility models and designs that a natural person, legal person or other organization enjoys within a certain period of time in accordance with the law. 3． Trademark rights refer to the various rights that a trademark registrant or rights successor enjoys over a registered trademark within the statutory period. 4. Trade secret rights refer to 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 refer to the exclusive right to use the authorized varieties enjoyed by units or individuals who have completed the breeding in accordance with the law. 6. Integrated circuit layout design rights refer to 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 rights refer to the exclusive right to use a trade name that a commercial entity enjoys within a certain geographical scope in accordance with the 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.

Question 5: What are the laws related to intellectual property rights? Intellectual property law includes copyright law, trademark law, patent law, and their respective implementation regulations and other relevant legal interpretations

Question 6: What content does intellectual property include?

(1) Patent rights

1. Definition of patent rights: Patent rights are the rights granted by law to inventors, creators or entities to exclusively own, use and dispose of inventions and creations.

2. Subject of patent rights: persons who have the right to file patent applications and patent rights and bear corresponding obligations, including natural persons and legal persons.

3. Objects of patent rights: inventions, utility models, and designs

4. Rights of the patentee: exclusive right to implement, right to license, right to transfer, right to waive, Marking rights.

5. Obligations of the patentee: the obligation to exploit the patent and the obligation to pay annual fees.

(2) Trademark rights

1. Definition of trademark rights: A trademark is specially designed and intentionally placed on the surface of a product or its packaging in order to help people distinguish different products. A mark on something. Trademark rights refer to the exclusive rights that trademark users have over the trademarks they use in accordance with the law.

2. The subject of trademark rights: the legal person or natural person who applies for and obtains trademark rights.

3. The object of trademark rights: trademarks approved and registered by the National Trademark Office and protected by the Trademark Law, that is, registered trademarks, including commodity trademarks and service trademarks.

4. Rights of the trademark owner: right to use, right to prohibit, right to transfer, right to license.

5. The obligation of the trademark owner: to ensure the quality of the goods using the trademark and to pay the prescribed fees.

(3) Copyright

1. Definition of copyright: Copyright, also known as copyright, is the right of citizens, legal persons or unincorporated entities to their own literature, art, and natural sciences in accordance with the law. , engineering technology and other works.

2. The subject of copyright: refers to the copyright owner, that is, the copyright holder. Including authors, persons inheriting copyright, legal persons or unincorporated entities, and countries.

3. Object of copyright: refers to various works protected by copyright. Works that can enjoy copyright protection involve literary, artistic and scientific works, which are intellectual achievements created by the author and fixed in some form that can be copied.

4. Copyright rights: personal rights and property rights. Personal rights include the right to publish, authorize, modify, and protect the integrity of the work. Property rights include the right to use and the right to receive remuneration.

A new form of intellectual property has also emerged: a domain name is the character address of an Internet host, which can be converted into the physical address of a specific host in the Internet. The address scheme in the Internet is divided into two sets: IP address system and domain name address system. The two address systems are actually one-to-one correspondence. Domain names have the legal characteristics of intellectual property: identification, uniqueness, and exclusivity; but as a new form of intellectual property, its effective protection methods require continuous research and improvement.

Hope you adopt it!

Question 7: What laws are included in intellectual property law? According to the content of rights

From the content of rights, intellectual property rights include personal rights and property rights. Personal rights in intellectual property rights are exclusive rights that are inseparable from the person of the person who creates the results of intellectual activity, such as: right of signature, right of publication, right of modification, etc.; property rights in intellectual property rights refer to the rights of the person who enjoys intellectual property rights based on this intellectual activity. The right to receive remuneration or other material benefits for the results achieved.

According to the results of intellectual activities

According to the results of intellectual activities, intellectual property rights can be divided into copyrights, trademark rights, patent rights, invention rights, discovery rights, etc. Regarding the above-mentioned intellectual property rights, Section 3 of Chapter 5 of China’s General Principles of Civil Law has made clear provisions.

Question 8: What aspects does intellectual property include? Thank you for the title. 1. The concept of intellectual property. Intellectual property rights generally refer to the exclusive legal rights enjoyed by citizens, legal persons or other organizations over intellectual achievements created and completed mainly based on mental work in the fields of science, technology, literature and art. right. Intellectual property rights in a broad sense include rights to the following objects: literary, artistic and scientific works, performances by performing artists and records and radio programs, inventions in all fields of humanity, scientific discoveries, industrial designs, trademarks, service marks and trade names and mark, the suppression of unfair competition, and all rights resulting from intellectual activity in the fields of industry, science, literature and art. Intellectual property rights in a narrow sense only include copyright, patent rights, trademark rights, name marking rights, and suppression of unfair competition, but do not include scientific discovery rights, invention rights, and other scientific and technological achievement rights. 2. Characteristics of intellectual property rights The characteristics of intellectual property rights can be summarized in the following aspects: (1) Intangible property rights. (2) Confirmation or grant must be directly stipulated by national special legislation. (3) Duality: It has the nature of a certain personal right (such as the right to sign) and contains the content of property rights. But trademark rights are an exception. They only protect property rights, not personal rights. (4) Exclusiveness: Intellectual property rights are exclusive to the rights holder. No one other than the right holder can enjoy or use this right without the consent of the right holder or special provisions of the law. (5) Regionality: Intellectual property rights recognized and protected by the laws of a certain country only have legal effect within the territory of that country. (6) Timeliness: The law stipulates a certain protection period for the protection of intellectual property rights, and intellectual property rights are valid within the statutory period. 3. WTO and Intellectual Property Rights The Uruguay Round negotiations of the General Agreement on Tariffs and Trade, which began in 1986, included intellectual property rights as an issue for the first time and formed an agreement, which is the Agreement on Trade-Related Aspects of Intellectual Property Rights (Trips). After the establishment of the World Trade Organization (WTO), the Trips Agreement has become one of the most important agreements within the WTO. The combination of intellectual property protection and economic and trade has been strengthened unprecedentedly, which marks that the international development of the intellectual property system has entered a new era. stage. 4. How to obtain international protection of intellectual property rights (1) Ways to obtain international protection of copyright Copyright is generally generated automatically. After the work is completed, it can obtain protection from the copyright law of the relevant country in accordance with relevant principles without having to go through any formalities in foreign countries. (2) Ways to obtain international protection of industrial property rights. Industrial property rights cannot be automatically generated. The right holder must apply for registration with the relevant country or international organization and obtain a certificate (such as a patent certificate, trademark registration certificate) issued by the industrial property authority of the relevant country. , in order to obtain protection in accordance with the legal provisions of that country. 2. The importance of intellectual property protection to the development of human society The protection of intellectual property is of great significance to the continued development of mankind. These significances are reflected in the following aspects: First, the progress and well-being of mankind depend on its integration of technology and culture. The ability to achieve new creative results in the field, and the purpose of intellectual property rights in encouraging and protecting innovation plays a critical role in the continuation of human invention and creativity. Second, legally protecting these new creations can encourage the optimal allocation of social resources and encourage additional resources to be invested in invention and creation activities, thereby achieving further innovation. Third, protecting intellectual property rights can promote economic growth. In recent years, the development of many emerging industries (such as the information industry, etc.) has benefited from intellectual property protection. 3. How Ordinary People Benefit from Intellectual Property The intellectual property system gradually developed with the emergence and development of the commodity economy. It rewards creativity and human efforts that promote human progress, thereby promoting the progress of the entire society. .

For example, one study estimates that nearly two-thirds of all modern medicines would not have been developed were it not for patent protection, which guarantees future income to fund research: a value that brings pleasure to countless people around the world The billion-dollar film, audiovisual, publishing and software industries would not exist without copyright protection; without reliable international protection and law enforcement against counterfeiting and piracy, consumers would have no peace of mind when purchasing products or services. and confident etc. For the general public, the intellectual property system can at least bring them the following benefits: (1) Encourage and promote innovation and accelerate social development. Intellectual property protection promotes people's participation in production practices and scientific experiments. , to create more brilliance of science, technology, culture, art, etc. >>

Question 9: What does an enterprise’s intellectual property include? Generally, it includes trademarks, patents, copyrights and trade secrets. , it depends on the nature of the enterprise.

Question 10: What are the management requirements for intellectual property rights? Intellectual property management usually refers to the management of patents and trademarks. The main aspects involved are knowledge mining, patent application, supervision of applied (approval, authorization) patents, monitoring of infringement in the same industry, early warning of infringement in own research and development (to avoid falling into the scope of patent protection of others), intellectual property transaction evaluation, negotiation, etc.