Copyright is the legal term used to describe the rights enjoyed by creators in connection with their literary and artistic works. Works involving copyright include: books, music, paintings, sculptures, films, computer programs, databases, advertisements, maps and technical drawings, etc.

Patent

A patent is an exclusive right granted to an invention. Generally speaking, patents give the patentee the right to decide whether and how others can use the invention. In exchange for this right, the patentee discloses the technical information of the invention in published patent documents.

Trademark

A trademark is a sign that can distinguish one company’s goods or services from those of other companies. The origins of trademarks can be traced back to ancient times, when craftsmen often put their signatures or "marks" on their products.

Industrial design

Industrial design refers to the decorative or aesthetic features of an object. A design can be a three-dimensional feature, such as the shape or appearance of an article, or a two-dimensional feature, such as a pattern, line, or color.

Geographic indications

Geographic indications and appellations of origin are indications used for goods of specific geographical origin that have qualities, reputation or characteristics that can be primarily attributed to the place of origin. Most commonly, a geographical indication includes the name of the place where the goods originate.

Trade Secrets

Trade secrets are intellectual property rights concerning confidential information that can be sold or licensed. The unauthorized acquisition, use or disclosure of such confidential information by others in a manner inconsistent with honest business practices is considered improper conduct and violates trade secret protections.

Characteristics of intellectual property rights

1. Exclusiveness.

That is, exclusivity or monopoly; except with the consent of the right holder or as required by law, no one other than the right holder may enjoy or use the right. This shows that the right holder’s exclusive or monopolized exclusive rights are strictly protected by law and cannot be infringed by others. Only through legal procedures such as "compulsory licensing" and "expropriation" can the exclusive rights of the right holder be changed.

2. Regionality.

That is, it is only valid within the recognized and protected territory; that is, except for the signing of international conventions or bilateral reciprocal agreements, a certain right protected by the law of a country will only have legal effect within the scope of that country. . Therefore, intellectual property rights are both regional and, under certain conditions, international.

3. Temporality.

That is, protection is only provided within the specified period. That is to say, the legal protection of various rights stipulates a certain period of validity. The length of the protection period may or may not be the same in the laws of various countries. Only when participating in an international agreement or making an international application can a certain right be unified. Protection period.

What are the behaviors that infringe on intellectual property rights

1. Using the same or similar trademarks and special signs in production, operation, advertising, publicity, performance and other activities without authorization , patents, works and other creative achievements;

2. Counterfeiting or unauthorized production of identical or similar trademarks, special signs or selling forged or unauthorized production of trademarks, special signs;

3. Use identical or similar trademarks, special signs, patents, works and other creative achievements in disguised form;

4. Register with enterprises, social groups, institutions, private non-enterprise units without authorization Identical or similar trademarks, special signs, patents, works and other creative achievements used in websites, domain names, place names, buildings, structures, places, etc.;

5. Provide venues and warehouses for infringements , transportation, mailing, concealment and other convenient conditions;

6. Other infringements that violate relevant national laws and regulations.

Relevant laws and regulations on the protection of intellectual property rights

01

Comprehensive category

Section 3 of Chapter 5 of the "General Principles of Civil Law" "Knowledge Property Rights"

Criminal Law, Chapter 3, Section 7 "Crime of Intellectual Property Infringement"

"Specific Application of the Supreme People's Court and the Supreme People's Procuratorate in Handling Criminal Cases of Intellectual Property Infringement" Interpretation of Several Legal Issues"

Chapter 18 "Technical Contracts" of the "Contract Law"

Chapter 5 "Protection of Intellectual Property Rights Related to Foreign Trade" of the "Foreign Trade Law"

02

Trademark Rights

"Trademark Law" and its Implementing Regulations

"Relevant Jurisdiction of the Supreme People's Court in the Trial of Trademark Cases" "Interpretations on Several Issues Concerning the Application of Laws in the Trial of Civil Disputes over Trademarks"

"Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Civil Disputes over Trademarks"

"Regulations on the Recognition and Protection of Well-known Trademarks"

"Registration and Management Measures for Collective Trademarks and Certification Trademarks"

03

Patent Rights

"Patent Law" and its Implementing Rules

"Several Provisions of the Supreme People's Court on the Application of Legal Issues in the Trial of Patent Dispute Cases"

"Several Provisions of the Supreme People's Court on the Application of Legal Issues in the Suspension of Patent Rights Infringement Before Litigation"

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"National Defense Patent Regulations"

04

Copyrights

"Copyright Law" and its Implementing Regulations

" Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Copyright Dispute Cases"

"Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Computer Network Copyright Dispute Case"

"The Supreme People's Court Interpretations of the People's Court on Several Issues concerning the Application of Law in the Trial of Civil Disputes Involving Computer Network Domain Names"

"Copyright Collective Management Regulations"

"Computer Software Protection Regulations"

"Regulations on the Protection of Information Network Communication Rights"

05

Trade Secrets

"Anti-Unfair Competition Law"

"About "Several Provisions Prohibiting the Infringement of Trade Secrets"

06

New Plant Variety Rights

"Regulations on the Protection of New Plant Varieties" and its Implementation Rules (Agricultural Part , forestry part)

"Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of New Plant Variety Dispute Cases"

07

Special Mark Category

"Olympic Signs Protection Regulations"

"World Expo Signs Protection Regulations"

08

Geographical indications

"Trademark Law"

"Registration and Management Measures for Collective Trademarks and Certification Marks"

"Regulations on the Protection of Geographical Indication Products"

09

Exclusive rights in integrated circuit layout designs

"Regulations on the Protection of Integrated Circuit Layout Designs" and its implementation rules

"Supreme People's Notice of the Court on Carrying out Trials of Cases Involving Integrated Circuit Layout Designs"

"Regulations on the Protection of Integrated Circuit Layout Designs"

10

Other categories

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"Regulations on the Customs Protection of Intellectual Property Rights"

"Measures for the Implementation of the Regulations on the Customs Protection of Intellectual Property Rights of the People's Republic of China"

"Measures for the Protection of Intellectual Property Rights at Exhibitions 》