The sources of my country's intellectual property laws include: "Constitution of the People's Republic of China", "Trademark Law of the People's Republic of China", "General Principles of the People's Republic of China and Civil Law", "Regulations on the Protection of Layout Designs of Integrated Circuits".
Intellectual property law refers to the general term for the legal norms that regulate social relations arising from activities such as the ownership, exercise, management and protection of intellectual property. The comprehensive and technical characteristics of intellectual property law are very obvious. In intellectual property law, there are both private law norms and public law norms; there are both substantive law norms and procedural law norms.
However, in terms of the ownership of the legal department, intellectual property law still belongs to civil law and is a special law of civil law. Most of the basic principles, systems and legal norms of civil law apply to intellectual property rights, and the public law norms and procedural law norms in intellectual property law serve to confirm and protect the private right of intellectual property rights and do not occupy a dominant position.
China’s Intellectual Property Law refers to the system and law enforcement system for protecting intellectual property rights in the People’s Republic of China. Since joining the World Intellectual Property Organization in 1980, China has successively formulated the Trademark Law of the People's Republic of China, the Patent Law of the People's Republic of China, the Technology Contract Law of the People's Republic of China, and the Copyright Law of the People's Republic of China, "Computer Software Protection Regulations" and other laws and regulations.
Thus forming a complete intellectual property legal protection system. However, there are still many problems in implementing supervision and ensuring the implementation of various intellectual property law systems. Relevant laws and regulations are only effective in mainland China.
Relevant Laws
The Patent Law was promulgated in 1984 and came into effect on April 1, 1985. The currently effective version is the fourth revised version in 2020, which will be officially implemented on June 1, 2021. The effective implementation rules are the 2002 version, the review guidelines are effective for the 2009 version, and there are also the 1997 "Regulations on the Protection of New Plant Varieties" and its 2007 version implementation rules.
As of September 2023, the implementation details of the Patent Law are still being revised. The Copyright Law was promulgated in 1990, and the currently effective version is the 2010 revised version. (The effective implementation regulations are the 2002 version, and there are also the "Computer Software Protection Regulations" promulgated in 2001, and the "Regulations on the Protection of Information Network Communication Rights" promulgated in 2006).