Intellectual property rights are "a collective term for rights generated by law based on creative achievements and industrial and commercial marks." The three most important intellectual property rights are copyright, patent rights and trademark rights. Patent rights and trademark rights are also collectively referred to as industrial property rights. Intellectual property rights are also translated as intellectual achievement rights, intellectual property rights or intellectual property rights. Civil subjects enjoy intellectual property rights in accordance with the law. Intellectual property rights are the exclusive rights enjoyed by obligees in accordance with the law with respect to the following objects:

1. Works;

2. Inventions, utility models, and designs;

3. Trademark;

4. Geographical indication;

5. Trade secret;

6. Integrated circuit layout design;

7. New plant varieties;

8. Other objects specified by law. 1. The object is immaterial

The object of intellectual property is immaterial works, inventions, goodwill, etc. It is intangible and must rely on a certain material carrier to exist. The object knowledge of intellectual property is the non-material achievement carried or embodied by the material carrier.

This means that obtaining a material carrier does not mean that you enjoy the intellectual property rights it carries; secondly, transferring the ownership of the material carrier does not mean that you also transfer the intellectual property rights it carries; finally, infringing the material carrier does not mean that you also transfer the intellectual property rights it carries. The ownership of a carrier does not mean that it also infringes upon the intellectual property rights it carries. 2. Specific exclusivity

Exclusivity, also known as exclusivity, means that without the permission of the intellectual property owner or special provisions of the law, others are not allowed to perform actions controlled by the exclusive rights of the intellectual property, otherwise it will constitute an infringement. . There are many differences between the exclusivity of intellectual property rights and the exclusivity of property rights, which are reflected in:

1. The sources of exclusivity are different. Since non-material objects such as works and inventions cannot be possessed like objects, it is difficult for people to naturally form the concept that the use of intellectual property rights should be exclusively controlled by the creator or creator. On the contrary, the exclusivity of intellectual property rights comes from the mandatory provisions of the law;

2. The infringement of exclusivity has different forms and the methods of protecting exclusivity are different. Infringement of the exclusivity of property rights generally manifests as theft, robbery, damage or other misappropriation of the property, while infringement of the exclusivity of intellectual property rights generally has nothing to do with the material carrier carrying the intellectual achievements, but manifests itself in Without the permission of the intellectual property owner or in the absence of special legal provisions, unauthorized conduct controlled by the exclusive rights of intellectual property rights;

3. The restrictions on exclusivity are different. Intellectual property rights are subject to far more restrictions than property rights. For example, the Copyright Law stipulates "fair use" and "statutory license", both of which constitute restrictions on the exclusivity of copyright. In addition, there are time and regional restrictions. 3. Timeliness

The timeliness of intellectual property rights means that the protection period of most intellectual property rights is limited. Once the protection period specified by law is exceeded, it will no longer be protected. The creative achievements will enter the public domain and become public resources that everyone can use; the registration of a trademark also has legal time effect. If the right owner does not renew the registration after the expiration of the time limit, it will also enter the public domain. 4. Territoriality

Unless there are special provisions in international treaties, bilateral or multilateral agreements, the effectiveness of intellectual property rights is limited to the territory of the country. The reason is that intellectual property rights are legal rights and are also public rights of a country. *The products of policies must be enforced by law in order to exist. The scope and content of their rights also completely depend on the provisions of domestic laws. However, the regulations on the acquisition and protection of intellectual property rights in various countries are not exactly the same. Therefore, in addition to copyright, Intellectual property rights in one country cannot automatically be protected in other countries. 1. Definition

Copyright: refers to the general term for the property rights and moral rights enjoyed by natural persons, legal persons or other organizations in literary, artistic and scientific works.

In our country, copyright refers to copyright. Copyright in a broad sense also includes neighboring rights, which are called "rights related to copyright" in my country's Copyright Law. 2. The subject of copyright

The subject of copyright refers to the natural person, legal person or other organization that enjoys copyright in literary, artistic and scientific works in accordance with copyright law. In the usual context, the author refers to the natural person who created the work, focusing on identity, but the author cannot become the subject of copyright at any time.

In the legal sense, the author is the subject who makes creative contributions to the original expression of the work. He only organizes the creation of others, provides consulting opinions, material conditions, etc., and cannot be used because his behavior is not creative. Become an author. According to the provisions of the Copyright Law, the author may be one of the subjects enjoying copyright. Based on the form of the subject, the subject of copyright is divided into natural persons, legal persons and other organizations. Creation is a factual act, and regardless of the age or intellectual level of the creator, it can become the subject of copyright.

Generally speaking, a natural person is the author of a work, that is, under normal circumstances, a natural person can become the subject of copyright. However, in order to balance and protect the interests of different stakeholders, and to take into account the legal person or other organization when creating the work, The law also allows legal persons or other organizations to become the original subject of copyright without providing organizational, material and other support. Based on the method of copyright acquisition, the subject of copyright can be divided into the original subject (original copyright owner) and the successor subject (successor copyright owner). The original subject of copyright is the subject who immediately enjoys the copyright to the created work in accordance with the copyright law and the contract when the creation of the work is completed. The successor copyright holder is the subject who obtains the copyright through inheritance, assignment, donation, etc. The original copyright holder and the successor copyright holder have different rights scope and rights protection methods. 3. The object of copyright

1. The concept of work

The object of copyright is a work. A work refers to something that is original and can be expressed in a certain form in the fields of literature, art and science. Intellectual achievements. In a legal sense, a work has the following conditions:

(1) Originality

First of all, the "individual" in originality does not mean that it is unique, but that the work was completed independently by the author, and Not plagiarism. Assuming that two works are independently completed by different authors, even if they happen to be the same or substantially similar, they can each generate copyright. A typical example is a photographic work. Two photographers may have photographed the same scenic spot one after another, with basically the same angle, framing, etc. However, the latter photographer has not seen the work of the earlier photographer and shot it independently. The latter photographer also has the same Can enjoy copyright in their photographic works. Secondly, originality must meet a certain level of creativity and reflect a certain level of intelligence and the author's personalized expression. Creativity is different from artistic level. Whether it is a painter or an ordinary child, as long as the painting can independently follow its own arrangement and design, and uniquely express its true emotions, thoughts, and opinions, it can become a work.

(2) Expression in tangible form Copyright law protects the expression of ideas rather than the ideas themselves. Works should be expressions of intellectual achievements that can be perceived by people and can be expressed in a certain form. Thoughts are abstract and intangible and are not protected by law. Only when thoughts are expressed in a certain form can they be perceived by others and become works protected by law.

2. Types of works

my country's "Copyright Law" and "Copyright Law Implementation Regulations" divide the types of works into the following categories:

(1) written works. Written works refer to works expressed in written form such as novels, poems, essays, papers, etc.

(2) Oral works. Oral works refer to works expressed in the form of spoken language such as impromptu speeches, lectures, court debates, etc.

(3) Music, drama, folk art, dance, and acrobatic art works. Musical works refer to songs, symphonies and other works with or without words that can be sung or played; drama works refer to plays, operas, local operas and other works for stage performance; folk art works refer to cross talk, express books, Works performed in the main form of drumming, storytelling, etc.; dance works refer to works that express thoughts and emotions through continuous movements, postures, expressions, etc.; acrobatic art works refer to acrobatics, magic, circus, etc. through physical movements and skills works of expression.

(4) Fine arts and architectural works. Art works refer to paintings, calligraphy, sculptures and other aesthetically significant two-dimensional or three-dimensional plastic art works composed of lines, colors or other methods; architectural works refer to aesthetically significant works expressed in the form of buildings or structures.

(5) Photography works. Photographic works refer to artistic works that record the image of objective objects on photosensitive materials or other media with the help of equipment.

(6) Audiovisual works. Before the amendment of the Copyright Law in 2020, this category was "film works and works created with methods similar to filmmaking", which refers to being shot on a certain medium and consisting of a series of pictures with or without accompanying sound, and with the help of appropriate Works that are installed, screened or otherwise disseminated. This revision of the law means that the form of this type of work is no longer restricted by the creative techniques, but focuses on the form of the creative results.

(7) Graphic works and model works such as engineering design drawings, product design drawings, maps, schematic diagrams, etc. Graphic works refer to engineering design drawings, product design drawings drawn for construction and production, as well as maps, schematic diagrams and other works that reflect geographical phenomena and explain the principles or structures of things; model works refer to the purposes of display, testing or observation, etc. A three-dimensional work made in a certain proportion according to the shape and structure of the object.

(8) Computer software. Due to the particularity of computer software, computer software works are protected in accordance with the relevant provisions of the "Computer Software Protection Regulations". Computer software refers to computer programs and related documents.

(9) Other intellectual achievements consistent with the characteristics of the work. This is a catch-all provision to cover new forms of works that were not foreseen by legislators, so that works that cannot be classified into the aforementioned categories can receive corresponding protection. The "Copyright Law" revised in 2020 changed the original expression of "other works specified in laws and administrative regulations", which is more conducive to the role of safety clauses.

3. Objects that are not protected

my country’s Copyright Law clearly stipulates the objects that are not protected. This law does not apply to:

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

(2) Pure factual information;

(3) Calendars, general tables of numbers, general tables and formulas. In addition, creativity, subject matter, operating methods, technical solutions, practical functions, etc. belong to the ideological level and do not constitute works and are not protected by copyright law.

4. Acquisition of copyright

Our country adopts the principle of automatic acquisition. When the creation of the work is completed, as long as it meets the legal conditions of the work, the copyright will be generated. The copyright owner can apply to my country's copyright administrative department to register the copyright of the work, but registration is not a legal condition for the creation of copyright. The work registration process only performs a formal review of the ownership information of the work, and generally can only play a preliminary role in proving the ownership of the copyright.

5. Neighboring rights

Neighboring rights belong to a broad sense of copyright, and their original meaning is adjacent and related rights. my country’s Copyright Law refers to neighboring rights as “copyright-related”. rights". Neighboring rights holders, other than performers, only enjoy property rights.

Neighboring rights include the following types:

(1) Performer’s rights

Performers’ rights are, in accordance with legal provisions, all rights reserved by performers for their performances. exclusive rights. Performers refer to actors, performance units or other people who perform literary or artistic works. Performers' rights include personal rights and property rights.

Performers’ personal rights include:

a. The right to identify themselves;

b. The right to protect the performance image from distortion.

Performers’ property rights include:

a. Allow others to broadcast and publicly transmit their live performances, and receive compensation;

b. Allow others to record Video recording, and receive remuneration;

c. Permit others to copy, distribute, rent audio and video recordings of their performances, and receive remuneration;

d. Permit others to use information networks to The public disseminates its performances and is paid for them. Performances performed by actors to complete the performance tasks of the performance unit are job performances. Actors have the right to indicate their identity and protect their performance image from distortion. The ownership of other rights shall be agreed upon by the parties. If the parties have not agreed or the agreement is unclear, the right to perform duties shall be enjoyed by the performance unit. The rights to professional performances are enjoyed by actors, and the performance unit can use the performance free of charge within its business scope.

(2) Format designer’s right

Format designer’s right refers to the rights of book or newspaper publishers to the layout design of the books, newspapers and periodicals they publish and edit. The protection period of the rights is ten years, ending on December 31 of the tenth year after the first publication of books and periodicals using this layout design.

(3) Broadcasting organization rights

Broadcasting organization rights refer to the exclusive rights that broadcasting organizations enjoy over the radio and television programs they produce in accordance with legal provisions. The rights of broadcasting organizations include:

a. Broadcasting organizations can prohibit unauthorized persons from rebroadcasting the broadcasts and television broadcasts in wired or wireless ways;

b. , television recording and copying;

c. Disseminate the radio and television broadcasts to the public through information networks. The protection period of this right is fifty years, ending on December 31 of the fiftieth year after the first broadcast of the radio or television.

d. The rights of producers of audio and video recordings

The rights of producers of audio and video recordings refer to the exclusive rights that producers of audio and video recordings enjoy in accordance with legal provisions in the audio and video recordings they produce. Sound recordings refer to any recordings of performance sounds and other sounds; video recordings refer to any recordings of continuous related images and images with or without accompanying sounds other than audio-visual works. Producers of audio and video recordings have the right to license others to copy, distribute, rent, disseminate to the public through information networks and receive remuneration for the audio and video products they produce; the protection period of the rights is fifty years, ending after the first production of the product December 31st of the fiftieth year.

6. Contents of copyright

The content of copyright refers to the sum of the exclusive rights enjoyed by the copyright owner in accordance with the law. According to my country's "Copyright Law", the content of copyright includes personal rights and copyrights. property.

Personal rights include:

(1) Right of publication. The right of publication is the right to decide whether a work should be made public. The right of publication can only be exercised once and, except in special circumstances, can only be exercised by the author;

(2) Right of signature. The right of authorship means the right to indicate the identity of the author and to sign the work. It includes the author's right to decide whether to sign, sign his or her real name, pseudonym, or pen name, prohibit or allow others to sign, etc.;

(3) Right of modification. The right to modify, that is, the right to modify or authorize others to modify the work;

(4) The right to protect the integrity of the work. The right to protect the integrity of a work is the right to protect the work from distortion or tampering.

Copyright rights include:

(1) The right to reproduce, that is, to make a copy of the work by printing, copying, rubbing, recording, videotaping, reproducing, photographing, digitizing, etc. The right to multiple copies;

(2) The right to distribute, that is, the right to provide the original or copies of a work to the public by selling or donating it;

(3) The right to rent, that is, The right to license others to temporarily use originals or copies of audio-visual works and computer software for a fee, except that computer software is not the main subject of the lease;

(4) Exhibition rights, that is, the right to publicly display works of art and photography The right to the original or copy;

(5) Performance right, that is, the right to publicly perform the work and the right to publicly broadcast the work by various means;

(6) Screening right , that is, the right to publicly reproduce art, photography, audio-visual works, etc. through technical equipment such as projectors and slide projectors;

(7) Broadcasting rights, that is, the public dissemination or rebroadcast of works through wired or wireless means, and the right to publicly reproduce works through sound amplification The right to disseminate broadcast works to the public through devices or other similar tools that transmit symbols, sounds, and images, but does not include the rights stipulated in Article 10, Paragraph 1, Item 12 (right of information network dissemination) of the Copyright Law;

(8) Information network dissemination right, that is, the right to provide the work to the public in a wired or wireless manner so that the public can obtain the work at the time and place of their choice;

(9) Filming right, That is, the right to fix the work on a carrier by making audio-visual works;

(10) Adaptation right, that is, the right to change the work and create an original new work;

(11) The right of translation, that is, the right to convert a work from one language into another;

(12) The right of assembly, that is, the right to assemble a work or fragments of a work into a form by selecting or arranging Rights to new works;

(13) Other rights that should be enjoyed by the copyright owner.

7. Copyright restrictions

Copyright restrictions refer to the fact that civil subjects can use their works or objects protected by related rights within the scope provided by law without the permission of the copyright owner. , and does not constitute a system of infringement.

8. Fair use

Fair use means that parties other than the copyright owner can use the copyrighted material without the permission of the copyright owner and without paying remuneration to the copyright owner under the circumstances provided by law. system of works. In the case of statutory fair use, the name of the author and the title of the work should be specified, and the normal use of the work should not be affected, nor should the legitimate rights and interests of the copyright owner be reasonably damaged.

The fair use situations stipulated in my country's Copyright Law are:

(1) For personal study, research or appreciation, using other people's published works

(2) For introduction and review A certain work or an explanation of a certain issue, appropriately quoting the published works of others in the work;

(3) In order to report news, it is inevitably reproduced in newspapers, periodicals, radio stations, television stations and other media Or quote published works;

(4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast articles on politics, economy, religion that have been published by other newspapers, periodicals, radio stations, television stations and other media Current affairs articles on issues, except those where the copyright owner declares that they are not allowed to be published or broadcast;

(5) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public gatherings, but the author Except for those that state that publication or broadcasting is not allowed;

(6) For school classroom teaching or scientific research, translate, adapt, assemble, broadcast or copy in small quantities published works for use by teaching or scientific researchers, but shall not Publication and distribution;

(7) State agencies use published works within a reasonable scope for the purpose of performing official duties;

(8) Libraries, archives, memorial halls, museums, art galleries , cultural centers, etc., copy the works collected by the museum for the purpose of display or preservation of editions;

(9) Performing published works for free, without charging the public for this performance, nor paying remuneration to the performers , and not for profit;

(10) Copying, painting, photographing, and videotaping works of art installed or displayed in public places;

(11) Translate works published in the country’s common language by Chinese citizens, legal persons or unincorporated organizations into ethnic minority languages ??and publish them domestically;

(12) In a language that can be perceived by people with dyslexia, Providing published works to them in any way;

(13) Other circumstances stipulated by laws and administrative regulations. In addition, the above provisions also apply to restrictions on copyright-related rights (neighboring rights).

9. Legal permission

Legal permission means that entities other than the copyright owner can use their works without the permission of the copyright owner under the circumstances specified by law, but they need to pay the copyright owner. reward system. The statutory permission situations stipulated in my country's Copyright Law and related laws are as follows:

(1) Legal permission for textbook compilation. To compile and publish textbooks for the purpose of implementing compulsory education and national education planning, the permission of the copyright owner is not required. When compiling in textbooks fragments of published works or short written works, musical works, or single-frame works of art, photographs, or graphic works, remuneration must be paid to the copyright owner in accordance with regulations, and the name of the author and the title of the work must be specified, and It shall not infringe other rights enjoyed by the copyright owner in accordance with this law.

(2) Legal permission for reprinting in newspapers and periodicals. When a copyright owner submits a work to a newspaper or periodical agency, after the work is published, other newspapers and periodicals may reprint it or publish it as an abstract or information, except where the copyright owner declares that it is not allowed to be reproduced or excerpted, but remuneration must be paid to the copyright owner in accordance with regulations.

(3) Legal permission for musical works. A sound recording producer who uses a musical work that has been legally recorded as a sound recording by others may make sound recordings without the permission of the copyright owner, but must pay remuneration in accordance with regulations; any use that the copyright owner declares is not allowed shall not be used.

(4) Legal permission for radio stations and television stations to broadcast published works. Radio and television stations may broadcast other people's published works without the permission of the copyright owner, but they must pay remuneration in accordance with regulations. However, the playback of audiovisual works requires the permission of the copyright owner of the audiovisual work, and the playback of video products requires the permission of the video producer and copyright owner.

(5) Legal permission to produce courseware.

The "Regulations on the Protection of Information Network Communication Rights" stipulates that in order to implement nine-year compulsory education or national education plans through information networks, fragments of published works or short written works, musical works or single images may be used without the permission of the copyright owner. Courseware for the production of fine arts and photographic works shall be provided to registered students through the information network by distance education institutions that produce the courseware or obtain the courseware in accordance with the law, but remuneration shall be paid to the copyright holder.

10. Exhaustion of distribution rights

Exhaustion of copyright rights means that after putting the original or copies of the original work on the market by way of sale, no one has to obtain permission from the copyright owner and does not have to submit If the copyright owner pays remuneration and continues to distribute and sell the original or copies of the work, it does not constitute infringement. Exhaustion of copyright does not mean the elimination of copyright rights, but refers to the exhaustion of the copyright owner's right to distribute original or copies of works that have legally entered the market.