intellectual property is an intangible property right, which is legally enjoyed after engaging in intellectual and creative activities. It is usually divided into two parts, namely "industrial property rights" and "copyright". According to the provisions of the Convention on the Establishment of the World Intellectual Property Organization signed in Stockholm in 1967, intellectual property rights include the rights to the following intellectual property: literary, artistic and scientific works; Performances by performing artists and records and radio programs; Inventions in all fields of human activities; Scientific discovery; Industrial product design; Trademarks, service marks and business names and marks; Stop unfair competition and all other rights arising from intellectual activities in the fields of industry, science, literature or art. In a word, intellectual property rights involve all the achievements of human intellectual creation.
Legally speaking, intellectual property rights have three characteristics: 1. Regionality, that is, except for the signing of international conventions or bilateral and multilateral agreements, the rights obtained according to the laws of a country can only be valid within the territory of that country and protected by the laws of that country; 2, exclusivity or exclusivity, that is, only the obligee can enjoy it, and others may not exercise their rights without the permission of the obligee; 3, timeliness, national laws have stipulated a certain period of time for intellectual property rights, and after the expiration, the rights will automatically terminate.
in order to protect the fruits of intellectual labor and promote invention and innovation, as early as more than 1 years ago, the international system of intellectual property protection has been established. The Paris Convention for the Protection of Industrial Property was signed in Paris in 1883, the Berne Convention for the Protection of Literary and Artistic Works was signed in Berne, Switzerland in 1886, and the madrid agreement concerning the international registration of marks was signed in Madrid in 1891. In addition, hague agreement concerning the international deposit of industrial designs (1925), Nice Agreement on the International Classification of Goods and Services for Trademark Registration (1957), Lisbon Agreement on the Protection of Names of Origin and Their International Registration (1958), Patent Cooperation Treaty (197), Intellectual Property Treaty on Integrated Circuits (1989) and so on have been signed successively.
In order to promote the worldwide protection of intellectual property rights and strengthen the cooperation between countries and intellectual property organizations, 51 member countries of the International Union for the Protection of Industrial Property Rights and the International Union for the Protection of Literary Works signed a treaty to establish the World Intellectual Property Organization in Stockholm, Sweden, on July 14th, 1967. The organization became one of the 16 specialized agencies of the United Nations in December 1974.
in 198s, China began to gradually establish an intellectual property system. In March 1983, China implemented the Trademark Law; In April 1985, the patent law was implemented; In September 199, the Copyright Law was promulgated, and it came into effect on June 1, 1991. China joined the World Intellectual Property Organization in 198 and the Paris Convention for the Protection of Industrial Property in 1985. In December 199, china intellectual property society was founded. On January 17, 1992, the Chinese and American governments signed the Memorandum on the Protection of Intellectual Property Rights. By May 1994, China had acceded to the major international conventions for the protection of intellectual property rights, such as madrid agreement concerning the international registration of marks, Patent Cooperation Treaty, Berne Convention for the Protection of Literary and Artistic Works and universal copyright convention.
In October, 2, the 35th session of the General Assembly of the World Intellectual Property Organization (WIPO) discussed the proposal put forward by China and Algeria at the WIPO General Assembly in 1999, and decided to designate April 26th as the World Intellectual Property Day from 21.