Copyright (copyright) can be protected without registration or marking of copyright, while patents, trademarks and property need to be registered or marked with copyright.
industrial property rights
Invention patents, trademarks and industrial designs constitute industrial property rights. Industrial property rights include patents, trademarks, service marks, names of manufacturers, names of places of origin, prevention of unfair competition, new plant variety rights and exclusive rights of integrated circuit layout design, etc.
main types:
1. Trademark right refers to the exclusive right granted by the trademark authority to the trademark owner to protect his registered trademark by national laws. A trademark is a commercial symbol used to distinguish goods and services from different sources, which consists of words, graphics, letters, numbers, three-dimensional symbols, color combinations or combinations of the above elements. Marks that are identical and familiar with the country, * * * and international organizations, which have the nature of ethnic discrimination and affect social morality, and place names of administrative divisions at or above the county level cannot be registered as trademarks. The acquisition of trademark rights in China must fulfill the trademark registration procedures and implement the principle of prior application. Trademark is a kind of identification mark in industrial activities, so the function of trademark right mainly lies in maintaining order in industrial activities, which is different from that of patent right mainly lies in promoting industrial development.
2. Patent right and patent protection refer to an invention-creation that, after filing a patent application with the State Patent Office and passing the examination according to law, is granted the exclusive right to the invention-creation within a specified time. According to China's patent law, there are three types of inventions, namely, inventions, utility models and designs. After a patent for invention and utility model is granted, the patentee has the exclusive right to the invention-creation. No unit or individual may exploit the patent without the permission of the patentee, that is, they may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes. After the patent right of design patent is granted, no unit or individual may exploit 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 implementation of his patent will infringe his patent right and cause disputes, which shall be settled by the parties through consultation; Unwilling to negotiate or failing to negotiate, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. Of course, there are also non-infringement exceptions, such as the right of prior use and the use of scientific research purposes. Patent protection adopts the protection mode of "two ways, parallel operation and judicial guarantee" of judicial and administrative law enforcement. Administrative protection in this region takes the form of patrolling law enforcement and joint law enforcement, concentrating on cracking down on group infringement, repeated infringement and other phenomena that seriously disturb the patent legal environment. No patent rights can be granted for scientific discoveries, rules and methods of intellectual activities, methods of diagnosis and treatment of diseases, varieties of animals and plants, and substances obtained by nuclear transformation.
3. Trade name right. That is, the name right of a manufacturer is a right to use its registered trade name (manufacturer name, enterprise name) without interference from others. The trademark right of an enterprise cannot be equated with the personal name right (a kind of personality right).
In addition, the names of countries of origin, know-how and anti-unfair competition are also stipulated in the Paris Convention, but the names of countries of origin are not intellectual achievements, and know-how and unfair competition can only be protected by the anti-unfair competition law, generally not included in the scope of intellectual property rights.
Copyright (copyright)
Works in natural science, social science, literature, music, drama, painting, sculpture, photography and cinematography constitute copyrights. Copyright is the right of a certain unit or individual to print, publish and sell a certain work according to the law. Anyone who wants to copy, translate, adapt or perform needs the permission of the copyright owner, otherwise it is an infringement of the rights of others. The essence of intellectual property rights is to treat human intellectual achievements as property. Copyright is the original author of literary, artistic, scientific and technological works, which is a civil right enjoyed by his works according to law.
Copyright: In our country, copyright, when used in a broad sense, includes (narrow sense) copyright, neighboring rights of works, computer software copyright, etc., which belongs to the scope stipulated by the Copyright Law. This is the exclusive right of the copyright owner to use the crops (works) exclusively. In a narrow sense, copyright is divided into the right of publication, the right of signature, the right of modification, the right to protect the integrity of a work, the right to use it and the right to receive remuneration (Article 1 of the Copyright Law). Copyright is divided into personal rights of works and property rights of works. Copyright, patent right and trademark right sometimes overlap. >
question 2: what are the contents of intellectual property rights?
(1) patent right
1. definition of patent right: patent right is the right granted to the inventor or unit to monopolize, use and dispose of the invention-creation results according to law.
2. The subject of patent right: the person who has the right to file a patent application and patent right and undertake corresponding obligations, including natural persons and legal persons.
3. Object of patent right: invention, utility model and design
4. Rights of patentee: exclusive exploitation right, licensing exploitation right, assignment right, waiver right and marking right.
5. Obligations of the patentee: the obligation to exploit the patent and the obligation to pay the annual fee.
(II) Trademark Right
1. Definition of trademark right: A trademark is a mark specially designed and consciously placed on the surface of a commodity or its packaging to help people distinguish different commodities. Trademark right refers to the exclusive right of trademark users to use trademarks according to law.
2. The subject of trademark right: the legal person or natural person who applied for and obtained the trademark right.
3. the object of trademark right: a trademark protected by the trademark law that has been approved and registered by the state trademark office, that is, a registered trademark, including a commodity trademark and a service trademark.
4. the rights of the trademark owner: the right to use, the right to prohibit, the right to transfer and the right to license.
5. Obligations of the trademark owner: guarantee the quality of the goods using the trademark and have the obligation to pay the prescribed fees.
(3) Copyright
1. Definition of copyright: Copyright, also known as copyright, is the exclusive right of citizens, legal persons or unincorporated units to their own works of literature, art, natural science, engineering technology and so on according to law.
2. The subject of copyright refers to the copyright owner, that is, the copyright owner. Including the author, the successor of copyright, legal person or unincorporated unit, and the state.
3. The 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 and can be copied.
4. Rights of copyright: personal rights and property rights. Personal rights include the right of publication, the right of signature, the right of revision and the right of protecting the integrity of works. Property rights include the right to use and the right to receive remuneration.
There is also a new form of intellectual property right: the 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. There are two address schemes in Internet: IP address system and domain name address system, and the two address systems are actually one-to-one correspondence. Domain names have legal characteristics as intellectual property rights: identification, uniqueness and exclusiveness; However, as a new form of intellectual property, its effective protection means need to be constantly studied and improved.
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question 3: what is intellectual property? The content of intellectual property rights refers to "the exclusive right enjoyed by the obligee to the intellectual labor results created by him", which is generally only valid for a limited period of time. All kinds of intellectual creations, such as inventions, literary and artistic works, as well as signs, names, images and designs used in business, can be regarded as intellectual property rights owned by a certain person or organization.
intellectual property rights include the following contents:
1. Copyright and industrial property rights
There are two types: one is copyright (also known as copyright and literary property rights), and the other is industrial property rights (also known as industrial property rights).
(1) Copyright
Copyright, also known as copyright, refers to the property rights and spiritual rights legally enjoyed by natural persons, legal persons or other organizations for literary, artistic and scientific works. Mainly including copyright and neighboring rights related to copyright; Usually, the intellectual property rights we talk about mainly refer to the copyright of computer software and the registration of works.
(II) Industrial property right
Industrial property right refers to an intangible property right with practical economic significance in industry, commerce, agriculture, forestry and other industries, so it seems that the name of "industrial property right" is more appropriate. It mainly includes patent right and trademark right.
second, personal rights and property rights
(1) personal rights
according to the content, intellectual property rights consist of personal rights and property rights, which are also called spiritual rights and economic rights.
The so-called personal right means that the right is inseparable from the person who has made intellectual achievements, and it is a legal reflection of personal relationship. For example, the author's right to sign his name on his works, or the right to publish and modify his works, is the spiritual right.
(II) Property rights
The so-called property rights refer to the right that the obligee can use these intellectual achievements to get remuneration or rewards after they are recognized by law, which is also called economic rights. It refers to the achievements of intellectual creative labor, and it is a right enjoyed by intellectual workers according to law.
question 4: what does intellectual property contain? 1. Copyright and neighboring rights. Copyright, also known as copyright, refers to the personal rights and property rights enjoyed by the authors of literary, artistic and scientific works and their related subjects according to law. Neighboring right is called "copyright-related rights" in copyright law.
2. Patent right means the exclusive right to exploit inventions, utility models and designs within a certain period of time enjoyed by natural persons, legal persons or other organizations according to law.
3. Trademark right, that is, all kinds of rights enjoyed by the trademark registrant or the successor of the right to a registered trademark within the statutory time limit.
4. The right to trade secrets means the exclusive right that the civil subject enjoys according to law for technical information or business information that belongs to trade secrets.
5. The right to new plant varieties, that is, the exclusive right to use the varieties authorized by the units or individuals who have completed breeding according to law.
6. the right of layout design of integrated circuits means the exclusive right of natural persons, legal persons or other organizations to layout design of integrated circuits according to law.
7. Trade name right, that is, the exclusive right of commercial subject to use the trade name within a certain geographical scope according to law.
there are great differences in the theoretical circle as to whether the right to reward scientific and technological achievements, the right to geographical indications, the right to domain names, the right to fight unfair competition, the special right to database and the right to commercialization can become independent intellectual property rights.
question 5: what are the main contents of intellectual property rights? Intellectual property refers to the right to possess, use, dispose of and benefit from the fruits of intellectual labor. Intellectual property is an intangible property, which, like tangible assets such as houses and automobiles, is protected by national laws and has value and use value. The value of some major patents, well-known trademarks or works is much higher than tangible property such as houses and cars. Intellectual property rights include: patents, trademarks, copyrights (also called copyrights), manufacturers' names, source marks, trade secrets, prevention of unfair competition, names of countries of origin, new plant varieties and other intellectual achievements.
Question 6: What contents does intellectual property include? Contents of intellectual property:
(1) Patent right
1. Definition of patent right: Patent right is the right granted to the inventor or unit to monopolize, use and dispose of the invention-creation results according to law.
2. The subject of patent right: the person who has the right to file a patent application and patent right and undertake corresponding obligations, including natural persons and legal persons.
3. Object of patent right: invention, utility model and design
4. Rights of patentee: exclusive exploitation right, licensing exploitation right, assignment right, waiver right and marking right.
5. Obligations of the patentee: the obligation to exploit the patent and the obligation to pay the annual fee.
(II) Trademark Right
1. Definition of trademark right: A trademark is a mark specially designed and consciously placed on the surface of a commodity or its packaging to help people distinguish different commodities. Trademark right refers to the exclusive right of trademark users to use trademarks according to law.
2. The subject of trademark right: the legal person or natural person who applied for and obtained the trademark right.
3. the object of trademark right: a trademark protected by the trademark law that has been approved and registered by the state trademark office, that is, a registered trademark, including a commodity trademark and a service trademark.
4. the rights of the trademark owner: the right to use, the right to prohibit, the right to transfer and the right to license.
5. Obligations of the trademark owner: guarantee the quality of the goods using the trademark and have the obligation to pay the prescribed fees.
(3) Copyright
1. Definition of copyright: Copyright, also known as copyright, is the exclusive right of citizens, legal persons or unincorporated units to their own works of literature, art, natural science, engineering technology and so on according to law.
2. The subject of copyright refers to the copyright owner, that is, the copyright owner. Including the author, the successor of copyright, legal person or unincorporated unit, and the state.
3. The 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 and can be copied.
4. Rights of copyright: personal rights and property rights. Personal rights include the right of publication, the right of signature, the right of revision and the right of protecting the integrity of works. Property rights include the right to use and the right to receive remuneration.
Keyi Patent Center answers your questions, hoping to help you!
question 7: what are intellectual property rights, including those? Intellectual property rights refer to the exclusive rights enjoyed by citizens or legal persons and other subjects in intellectual creation or innovation activities according to the law, also known as "intellectual achievement rights" and "intangible property rights", which mainly include industrial property rights composed of copyrights, patents and trademarks, industrial designs, and copyrights (copyrights) composed of works in natural sciences, social sciences, literature, music, drama, painting, sculpture, photography and movies. Intellectual property is an expanding open system. The development of science and technology and the progress of society not only enrich the connotation of traditional rights types of intellectual property, but also expand the extension of intellectual property. According to international conventions such as the TRIPs Agreement and the Convention on the Establishment of the World Intellectual Property Organization, and domestic legislation such as the General Principles of China's Civil Law and the Anti-Unfair Competition Law,