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Intellectual property law is the general name of legal norms regulating various social relations arising from the creation and use of intellectual achievements and in the process of confirming, protecting and exercising intellectual property rights of intellectual achievements owners.
The origin of domestic legislation
Intellectual property laws such as copyright law, patent law and trademark law; Administrative regulations on intellectual property rights. It mainly includes regulations on the implementation of copyright law, regulations on the protection of computer software, detailed rules for the implementation of patent law, regulations on the implementation of trademark law, regulations on customs protection of intellectual property rights, regulations on the protection of new plant varieties, regulations on the protection of layout design of integrated circuits, etc.
Regulations of Shenzhen Special Economic Zone on the Protection of Technical Secrets of Enterprises and other local regulations, autonomous regulations and separate regulations on intellectual property rights; Provisions of the State Administration for Industry and Commerce on Prohibition of Infringement of Trade Secrets and other intellectual property administrative regulations; Judicial interpretation of intellectual property rights.
international treaties
While formulating domestic intellectual property laws and regulations, China has strengthened exchanges and cooperation with other countries in the field of intellectual property, and acceded to more than ten international conventions for the protection of intellectual property. It mainly includes: TRIPS Agreement, Paris Convention for the Protection of Industrial Property, Berne Convention for the Protection of Literary and Artistic Works, universal copyright convention, Madrid Agreement for the International Registration of Trademarks, Patent Cooperation Treaty, etc.
Among them, the TRIPS Agreement of the World Trade Organization is considered to be an international convention with wide coverage, high level of protection, strong protection and strong binding force in the field of intellectual property protection worldwide, which has played an important role in the revision of relevant intellectual property laws in China.
Legal characteristics
Intangible property rights; Confirmation or ruling must be directly stipulated by special national legislation; Duality: it not only has the nature of some personal rights (such as signature rights), but also contains the content of property rights. But the trademark right is an exception, it only protects property rights, not personal rights; Proprietary: Intellectual property rights are exclusive to the subject of rights. Without the consent of the obligee or special provisions of the law, no one except the obligee may enjoy or use the right;
Regionality: the intellectual property rights recognized and protected by a country's laws only take legal effect within the country; Timeliness: the law stipulates a certain period of protection for intellectual property rights, and intellectual property rights are valid within the statutory period.