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Does intellectual property include non-patented technology?

Not included.

The following are seven types of trade-related intellectual property rights:

1 Copyright,

2 Patent rights,

3 Trademark rights,

4 Trade secret rights,

5 Geographical indication rights,

6 New plant variety rights,

7 Integrated circuit layout design right.

In intellectual property, patents and proprietary technologies are generally compared.

The difference between proprietary technologies and patents is that although both proprietary technologies and patents contain elements of technical knowledge, Both are the results of human intellectual activities, but there are major differences between them in law. The difference between proprietary technology and patents is mainly reflected in the following aspects:

1. Patents are public, while proprietary technology is secret. According to the provisions of the patent laws of various countries, when the inventor applies for patent rights, he must disclose the contents of the invention in the patent application, and the patent authority shall publish it in the official "Patent Announcement" and make it public. However, proprietary technology is kept secret as much as possible and is not disclosed. Once confidentiality is lost, it cannot be protected by law.

2. Patent rights have a certain protection period. As mentioned above, according to the provisions of patent laws in various countries, their validity period is generally 15 or 20 years. However, proprietary technology does not matter the protection period. As long as it is strictly kept secret and is not leaked or made known to the public, it is protected. However, once it is disclosed, anyone can use it. Therefore, proprietary technology licenses generally have confidentiality clauses that require the licensee to assume confidentiality obligations and not disclose the contents of the proprietary technology to a third party.

3. Patent right is a kind of industrial property right, which is protected by the patent law of the relevant country, while proprietary technology is technical knowledge that has not obtained patent right. It is not protected according to the provisions of patent law. It mainly obtains legal protection based on the relevant provisions of civil law, criminal law and unfair competition law.