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Laws and regulations regarding intellectual property protection

Our country’s laws for the protection of intellectual property rights include the Civil Code, which stipulates the protection system for intellectual property rights, the Criminal Law, which provides penalties for intellectual property crimes, and the Trademark Law, which protects trademarks. At the same time, the Patent Law also provides protection for intellectual property rights. Individual patents are stipulated.

1. What are the laws and regulations for the protection of intellectual property rights? The "People's Republic of China and Civil Code" (in effect) stipulates 6 types of intellectual property rights and stipulates the civil law protection system for intellectual property rights. The "Criminal Law of the People's Republic of China" defines the relevant content of intellectual property crimes in eight articles, thereby defining China's criminal law protection system for intellectual property rights. The Trademark Law of the People's Republic of China has been revised three times, and regulations such as the "Regulations on the Identification and Protection of Well-known Trademarks" and the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over Trademarks" have relatively comprehensively protected trademarks. The "Patent Law of the People's Republic of China" has been revised three times, "Patent Law Implementing Rules", "Enterprise Patent Work Management Measures (Trial)", "Supreme People's Court on the application of legal issues for stopping patent infringement before litigation" "Several Provisions", "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Dispute Cases", "Several Provisions on Several Issues Concerning the Application of Law in the Trial of Patent Dispute Cases" and other supporting legal norms. "Copyright Law of the People's Republic of China", the latest "Regulations on the Implementation of the Copyright Law", "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Disputes", "Supreme People's Court's Interpretations on the Trial of Copyright Disputes Involving Computer Networks" Judicial interpretations such as "Interpretation of Several Issues Applicable Law to Cases" have provided legal protection for copyrights, Internet copyrights, etc. at the judicial level. The "Notice on Regulating the Order of Copyright for Online Reprinting" stipulates that Internet media have regulations for reprinting other people's works. The "Computer Software Protection Regulations of the People's Republic of China" have been revised twice to provide protection for computer software and related technologies. The "Regulations of the People's Republic of China on the Protection of New Plant Varieties" provides legislative protection for plant varieties. The Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements provides a guarantee for promoting the transformation of intellectual property rights into social production. The "Anti-Unfair Competition Law of the People's Republic of China" clearly regulates unfair competition, which provides supplementary legislative protection for intellectual property rights in aspects such as packaging, decoration, and trade secrets. The Tort Liability Law of the People's Republic of China regulates the types of civil torts and corresponding tort liability. The "Interim Measures for the Management of Online Commodity Transactions and Related Service Behaviors" were implemented, and online stores officially entered the era of "real-name system". The intellectual property protection of product design is protected through other specific intellectual property rights.

II. Characteristics of intellectual property management objects (1) Immateriality 1. The non-materiality of intellectual property management objects is the essential characteristic that distinguishes them from tangible property. 2. The object of intellectual property management is certain information, which is incorporeal and non-material. It does not exist in the form of solid, liquid, gas, etc., and does not occupy a certain space. 3. Things that are objects of property ownership management can generally be possessed by specific people; while information, which is the object of intellectual property rights, cannot be possessed by specific people. They may be copied infinitely and therefore may be possessed by an unlimited number of people. . (2) Creativity 1. The purpose of intellectual property law is to encourage people to continuously create new knowledge and skills. Therefore, the intellectual achievements protected by advanced intellectual property laws are mainly creative intellectual achievements. 2. Creativity is a condition for intellectual achievements to obtain protection of intellectual property rights. Different objects of protection have different creative requirements required by law. 3. Inventions protected by patents require the highest level of creativity, followed by works protected by works. The Trademark Law does not require creativity for trademarks, but the design and selection of trademarks also reflect creativity, and trade secrets reflect a certain degree of creativity. (3) Disclosure 1. Disclosure is the prerequisite for most owners of intellectual achievements to obtain intellectual property rights. 2. Among various intellectual property rights, most of their objects exhibit the characteristics of publicity.

(4) Reproducibility 1. The reason why intellectual achievements can become the object of property rights is that intellectual achievements can be fixed and copied by certain tangible objects. 2. Only when intellectual achievements can be replicated and widely disseminated can they promote the continuous progress of human science, technology, and culture, can they also bring economic benefits to rights holders and realize the value of their labor. To sum up, my country’s laws regarding the protection of intellectual property rights are very comprehensive. Criminal law, as the basic law of our country, also has relevant provisions on the protection of intellectual property rights. Therefore, no matter where the infringer is, In that field, anyone who infringes on the intellectual property rights of others will be punished accordingly. The above is the content compiled by the editor. There are online lawyers. If you have any questions, you are welcome to consult at any time.