Intellectual property law includes laws including the "Patent Law of the People's Republic of China" and the "Civil Code of the People's Republic of China". Intellectual property rights include patent rights, trademark rights and copyrights. The owner of intellectual property rights enjoys intellectual property rights in accordance with the law, and intellectual property rights can be transferred, but the specific value needs to be determined based on market assessment.
The objects of intellectual property are intellectual achievements, which are embodied in inventions, works, trade secrets, and databases. If we study these intellectual achievements, we will find that intellectual property objects refer to spiritual products created by people in the fields of science, technology, culture and other knowledge forms, that is, knowledge products. Intellectual products are a kind of civil rights object that coexist with material products (that is, things in the sense of civil law).
1.
Intellectual property law includes the following laws
Intellectual property rights are the ownership rights of the results generated by intellectual labor. It is granted to qualified works in accordance with the laws of various countries. Exclusive rights enjoyed by authors, inventors or owners of results for a certain period of time. It has two categories, one is copyright and the other is industrial property.
(1) Copyright
Copyright, also known as copyright, refers to the general term for the property rights and moral rights that natural persons, legal persons or other organizations enjoy in accordance with the law with respect to literary, artistic and scientific works. It mainly includes copyright and neighboring rights related to copyright; usually, the intellectual property rights we talk about mainly refer to computer software copyright and work registration.
(2) Industrial property rights
Industrial property rights refer to an intangible property right with practical economic significance in industry, commerce, agriculture, forestry and other industries. From this point of view, industry Property rights are more appropriately named. Mainly including patent rights and trademark rights.
Intellectual property law includes
2.
What rights do intellectual property have?
(1) Patent rights
1. Definition of patent rights: Patent rights are the rights granted by law to inventors, creators or entities to exclusively own, use and dispose of inventions and creations.
2. Subject of patent rights: persons who have the right to file patent applications and patent rights and assume corresponding obligations, including natural persons and legal persons.
3. Objects of patent rights: inventions, utility models, and designs;
4. Rights of the patentee: exclusive right to implement, right to license, right to transfer, right to waive , right of marking.
5. Obligations of the patentee: the obligation to implement the patent and the obligation to pay annual fees.
(2) Trademark rights
1. Definition of trademark rights: A trademark is specially designed and intentionally placed on the surface of a product or its packaging in order to help people distinguish different products. A mark on something. Trademark rights refer to the exclusive rights that trademark users have over the trademarks they use in accordance with the law.
2. The subject of trademark rights: the legal person or natural person who applies for and obtains trademark rights.
3. The object of trademark right: a trademark approved and registered by the National Trademark Office and protected by the Trademark Law, that is, a registered trademark, including commodity trademarks and service trademarks.
4. Rights of the trademark owner: right to use, right to prohibit, right to transfer, right to license.
5. Obligations of the trademark owner: to ensure the quality of the goods using the trademark and to pay the prescribed fees.
(3) Copyright
1. Definition of copyright: Copyright, also known as copyright, is the right of citizens, legal persons or unincorporated entities to their own literature, art, and natural sciences in accordance with the law. , engineering technology and other works.
2. The subject of copyright: refers to the owner of the copyright, that is, the copyright holder. Including authors, persons inheriting copyright, legal persons or unincorporated entities, and countries.
3. 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 that can be copied.
4. Copyright rights: personal rights and property rights.
Personal rights include the right to publish, authorize, modify, and protect the integrity of the work. Property rights include the right to use and the right to receive remuneration. Intellectual property rights mainly include patent rights, trademark rights, and copyrights. Of course, there are also some types of intellectual property rights that are legally considered to be intellectual property rights. The so-called intellectual property rights are those that have been registered by others and are recognized by the state as belonging to an individual, such as novels, inventions, or trademarks. No one may use them for commercial purposes without the consent of the individual.
Intellectual property rights refer to the exclusive rights that people enjoy in accordance with the law regarding the results of their intellectual labor. It is usually the exclusive right or exclusive right granted by the state to creators over their intellectual achievements for a certain period of time. It mainly includes copyright, patent rights and trademark rights.
⑴ Intellectual property is a kind of intangible property.
⑵ Intellectual property rights are proprietary.
(3) Intellectual property rights have the characteristics of timeliness.
⑷Intellectual property rights have regional characteristics.
⑸The acquisition of most intellectual property rights requires statutory procedures
Legal basis:
Article 120 of the "People's Republic of China and Civil Code" Article 13 stipulates: "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) Trademarks
(4) Geographical indications;
(5) Trade secrets;
(6) Integrated circuit layout design;
(7) New plant varieties;
(8) Other objects specified by law.”
Article 123 of the Civil Code stipulates: "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;
p>(2) Inventions, utility models, and designs;
(3) Trademarks;
(4) Geographical indications;
(5) ) Trade secrets;
(6) Integrated circuit layout design;
(7) New plant varieties;
(8) Other objects stipulated by law. "
Article 11 of the "Intellectual Property Law of the People's Republic of China" Copyright belongs to the author, unless otherwise provided in this law. The citizen who created the work is the author. For works hosted by a legal person or an unincorporated unit, created on behalf of the will of a legal person or an unincorporated unit, and for which the legal person or unincorporated unit assumes responsibility, the legal person or unincorporated unit shall be regarded as the author. In the absence of proof to the contrary, the citizen, legal person or unincorporated entity who signs the work is the author.
Article 12 The copyright of works resulting from the adaptation, translation, annotation and arrangement of existing works shall be enjoyed by the person who adapts, translates, annotates and arranges them. However, when exercising the copyright, the copyright of the original work shall not be infringed. .