What is intellectual property?

Intellectual property, also known as "intellectual property", refers to the property rights enjoyed by the obligee on the intellectual labor results created by him.

What does intellectual property include?

(1) patent right: the exclusive right of an inventor or his right holder to exploit a specific invention and creation within a certain period of time.

(2) Trademark right: refers to the exclusive right granted by the national law to the trademark authority to protect the registered trademark of the trademark owner.

(3) Copyright: refers to the exclusive rights enjoyed by the author in the literary, artistic and scientific and technological works he created.

(4) Other intellectual property rights: proprietary technology, the right to new plant varieties, and the exclusive right to layout design of integrated circuits.

What is a patent right?

Patent right is the right granted to the inventor or unit to monopolize, use and dispose of the achievements of invention and creation according to law, which is specifically divided into:

(1) Invention: A new technical proposal for a product, method or its improvement.

(2) Utility model: a new technical scheme for the shape, structure or combination of products, which is suitable for practical use.

(3) Appearance design: a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of color and shape and pattern.

1. Duration of patent protection?

Duration of invention patent protection: 20 years.

Term of protection of utility model patent: 10 year.

Duration of patent protection for design: 10 year.

2. What are the conditions for granting a patent right?

Inventions and utility models granted patent rights should be novel, creative and practical.

3. Is the invention completed on the job owned by the unit or by the individual?

An invention-creation made by carrying out the tasks of the unit or mainly using the material and technical conditions of the unit is a service invention-creation. The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the entity shall be the patentee. However, if an invention-creation completed by using the material and technical conditions of the entity has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent, such agreement shall prevail.

4. After the patent is granted, can others use it?

After the patent right for invention and utility model is granted, except as otherwise provided by law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented products for production and business purposes, or use its patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods.

After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes.

However, if the invention patents of state-owned enterprises and institutions are of great significance to national interests or public interests, the relevant competent departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, with the approval of the State Council, decide to popularize and apply them within the approved scope, allowing designated units to implement them, and the implementing units shall pay royalties to the patentee in accordance with state regulations.

5. What acts use patents, but they are not regarded as patent infringement in law?

The patent law stipulates that any of the following circumstances shall not be regarded as infringement of patent rights:

(1) The patentee or a unit or individual licensed by the patentee uses, promises to sell, sells or imports its patented products or products directly obtained by patented methods;

(2) Having manufactured the same product, used the same method or made necessary preparations for its manufacture and use before the patent application date, and continuing to manufacture and use it only within the original scope;

(3) Foreign means of transport temporarily passing through China's territorial waters and airspace use the relevant patents in their devices and equipment for their own needs in accordance with the agreements signed between their countries and China or international treaties to which they are both parties, or on the principle of reciprocity;

(four) the use of relevant patents for scientific research and experiments;

(5) manufacturing, using or importing patented drugs or patented medical devices for the purpose of providing information required for administrative examination and approval, or manufacturing or importing patented drugs or patented medical devices exclusively for them.

6. What is patent infringement and its legal liability?

Patent infringement refers to the act of exploiting a patent without the permission of the patentee (that is, manufacturing, using, selling, promising to sell or importing its patented products or products directly obtained according to its patented method for the purpose of production and operation).

The legal responsibilities of patent infringers include: stopping the infringement, publicly apologizing and compensating for losses.

What is the trademark right?

Trademark is a kind of mark specially designed to help people distinguish different commodities and consciously placed on the surface of commodities or their packaging. Trademark right refers to the exclusive right to use a trademark enjoyed by the trademark user according to law. It consists of characters, figures, letters, numbers, three-dimensional signs, sounds, colors or the combination of the above elements.

1. What can be registered as a trademark?

Any visible sign that can distinguish the goods of natural persons, legal persons or other organizations from the goods of others, including words, graphics, letters, numbers, three-dimensional signs and color combinations, and the combination of the above elements, can apply for registration as a trademark.

2. What are the words and graphics that are forbidden to be used as trademarks?

The following signs shall not be used as trademarks:

(1) identical with or similar to the national name, national flag, national emblem, military flag and medal of People's Republic of China (PRC), and identical with the names and graphics of specific place names or landmark buildings where the central state organs are located;

(2) identical with or similar to the name, national flag, national emblem or military flag of a foreign country, except as agreed by the government of that country;

(3) identical with or similar to the name, flag and emblem of an intergovernmental international organization, except with the consent of the organization or not easily misleading the public;

(4) identical with or similar to the official marks and inspection marks indicating the implementation of control and guarantee, unless authorized;

(5) identical with or similar to the names and symbols of the Red Cross and Red Crescent;

(six) with ethnic discrimination;

(seven) exaggerated propaganda and deception;

(eight) harmful to socialist morality or other adverse effects.

Geographical names of administrative divisions at or above the county level or foreign geographical names well known to the public shall not be used as trademarks. However, unless the place name has other meaning or is part of a collective trademark or certification trademark; Registered trademarks using geographical names shall remain valid.

3. What are the signs that are prohibited from being used as trademarks?

The following signs shall not be registered as trademarks:

(a) only refers to the common name, figure and model of the commodity;

(two) directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;

(3) Lack of distinctive features.

A trademark listed in the preceding paragraph may be registered as a trademark if it has obvious characteristics and is easy to identify after use.

4. Can it be registered to apply for registration on similar goods to imitate unregistered well-known trademarks?

A trademark applied for registration on the same or similar goods is a well-known trademark copied, imitated or translated by others, which is not registered in China. It is easy to cause confusion, so it is not registered and prohibited to be used.

Where a trademark applied for registration on different or dissimilar goods is a well-known trademark registered by others in China, misleading the public and possibly harming the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.

5. How to identify well-known trademarks?

The following factors shall be considered when identifying well-known trademarks:

(a) the public's awareness of the trademark;

(2) the term of use of the trademark;

(3) the duration, degree and geographical scope of any publicity work of the trademark;

(4) The record that the trademark is protected as a well-known trademark;

(5) Other factors that make the trademark famous.

6. How long is the trademark valid?

The period of validity of a registered trademark is ten years, counting from the date of approval of registration. All owners can apply for renewal of registration within six months before the expiration, and each renewal of registration is valid for ten years. If no application is made during this period, a grace period of six months can be given. If no application is made at the expiration of the exhibition period, its registered trademark shall be cancelled.

7. What behaviors were found to infringe the exclusive right to use a trademark?

Any of the following acts is an infringement of the exclusive right to use a registered trademark:

(1) Using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant;

(2) selling goods that infringe upon the exclusive right to use a registered trademark;

(3) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;

(four) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;

(5) causing other damage to the exclusive right to use a registered trademark of others.

What is copyright?

Also known as copyright, it is divided into personality right and property right of works.

(1) Personal rights: refers to the right of an author to gain reputation, prestige and maintain the integrity of his works by creating works that express his personal style.

(2) Property right: refers to the author's right to use his own works and be used by others, with material interests as the content.

1. Which works are copyrighted?

The Copyright Law stipulates that literary, artistic, natural, social and engineering works created in the following forms enjoy copyright:

(1) Written works;

(2) Oral works;

(3) Music, drama, folk art, dance and acrobatic works;

(4) Artistic and architectural works;

(5) Photographic works;

(6) cinematographic works and works created by similar cinematographic methods;

(seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;

(8) Computer software;

(9) Other works as prescribed by laws and administrative regulations.

However, the copyright law does not apply to the following three categories:

(1) Laws, regulations, resolutions, decisions and orders of state organs and other documents of a legislative, administrative and judicial nature and their official translations;

(2) current affairs news;

(3) calendars, general digital tables, general tables and formulas.

2. Do I have to publish it to enjoy the copyright?

Works of China citizens, legal persons or other organizations, whether published or not, shall enjoy copyright in accordance with this Law.

3. What rights does copyright include?

Copyright includes the following personal rights and property rights: the right of publication, the right of authorship, the right of modification, the right of protecting the integrity of works, the right of reproduction, the right of distribution, the right of lease, the right of exhibition, the right of performance, the right of projection, the right of broadcasting, the right of information network dissemination, the right of filming, the right of adaptation, the right of translation, the right of assembly and other rights that copyright owners should enjoy.

4. Does the copyright belong to the author?

Yes, the authors fall into two categories. First, the citizen who creates works is the author; Second, a work presided over by a legal person or other organization, created on behalf of a legal person or other organization, and in the charge of a legal person or other organization is regarded as the author.

If there is no proof to the contrary, the signed citizen, legal person or other organization shall be the author.

5. Who owns the copyright of a work formed by adapting an existing work?

The copyright of a work produced by adapting, translating, annotating or arranging an existing work shall be enjoyed by the person who adapted, translated, annotated or arranged it, but the exercise of copyright shall not infringe the copyright of the original work.

6. Who owns the copyright of the service invention?

A work created by a citizen to accomplish the tasks of a legal person or other organization belongs to a job work, and the copyright is enjoyed by the author, but the legal person or other organization has the right to give priority to the use within its business scope. Within two years after the completion of the work, the author shall not permit a third person to use the work in the same way as the work used by the unit without the consent of the unit. However, under any of the following circumstances, the author shall enjoy the right of authorship, and other rights of copyright shall be enjoyed by legal persons or other organizations, which may reward the author:

(1) Engineering design drawings, product design drawings, maps, computer software, etc., which are mainly created by using the material and technical conditions of legal persons or other organizations and are in charge of by legal persons or other organizations;

(2) to hold a position in which a legal person or other organization enjoys copyright as stipulated by laws, administrative regulations or agreed in the contract.

7. How long is the copyright protection period?

For citizens' works, the protection period of the author's right of signature, modification and integrity protection is infinite, while the protection period of other rights is 50 years before and after the author's death, ending at 65438+February 31in the 50th year after the author's death; If it is a cooperative work, the deadline is 65438+February 3 1 50 years after the death of the last dead author.

The term of protection of a work of a legal person or other organization, which is copyrighted by a legal person or other organization (except the right of signature), is fifty years, ending at 65438+February 3 1 day in the fiftieth year after the first publication of the work. However, if the work is not published within 50 years after the creation is completed, the law will no longer protect it.

8. Under what circumstances is the copyright owner's work used, but it is not an infringement of copyright?

Under the following circumstances, a work may be used without permission or payment to the copyright owner, but the name of the author and the name of the work shall be indicated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed:

(a) for personal study, research or appreciation of the use of other people's published works;

(2) appropriately quoting published works of others in works for the purpose of introducing and commenting on works or explaining problems;

(3) inevitably copying and quoting published works in newspapers, periodicals, radio stations, television stations and other media in order to report current news;

(4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current affairs articles on political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media, unless the author declares that they are not allowed to publish or broadcast;

(5) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public meetings, unless the author declares that they are not allowed to publish or broadcast;

(6) Translating or reproducing a few published works for classroom teaching or scientific research in schools for use by teaching or scientific researchers, but not publishing them;

(seven) the use of published works by state organs within the reasonable scope of performing official duties;

(eight) libraries, archives, memorial halls, museums, art galleries, etc., in order to display or save the version, copy the works collected by the library;

(9) Performing published works for free, without charging fees to the public or paying remuneration to the performers;

(ten) copying, painting, photography and video recording of works of art set up or displayed in outdoor public places;

(eleven) China citizens, legal persons or other organizations written in Chinese and published in China;

(12) Published works are published in Braille.

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