Legal analysis: Industrial property rights (1) Patent rights (2) Trademark rights (3) Manufacturer’s name (4) Source mark (5) Origin name (6) To prevent unfair competition. The exclusivity of industrial property rights is mainly reflected in the following: First, only one industrial property right can be set on the same industrial property object, and two or more industrial property rights cannot be set at the same time. Second, unless otherwise provided by law, the implementation or use of industrial property rights is completely under the control of the industrial property owner. Whether or not a certain industrial property right is implemented or used depends entirely on the will of the industrial property owner. Any other person intending to implement or use the industrial property right must obtain the consent of the industrial property owner; implementation or use of other people's industrial property rights without consent constitutes Infringement of the industrial property rights of others. Thirdly, no one other than the industrial property owner shall illegally interfere with or hinder the industrial property owner from exercising its rights.
Legal basis: "Patent Law of the People's Republic of China"
Article 1 In order to protect the legitimate rights and interests of patentees, encourage inventions and creations, and promote the application of inventions and creations, This law is formulated to improve innovation capabilities, promote scientific and technological progress and economic and social development.
Article 2 The inventions and creations referred to in this Law refer to inventions, utility models and designs. Invention refers to a new technical solution proposed for a product, method or improvement thereof. Utility models refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, based on the overall or partial shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.
Article 3 The Patent Administration Department of the State Council is responsible for managing patent work nationwide; it shall uniformly accept and examine patent applications and grant patent rights in accordance with the law. The patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for patent management within their respective administrative regions.
"Trademark Law of the People's Republic of China"
Article 1 is to strengthen trademark management, protect the exclusive rights to trademarks, urge producers and operators to ensure the quality of goods and services, and maintain This law is specially formulated to protect the interests of consumers, producers and operators, and promote the development of the socialist market economy.
Article 2 The Trademark Office of the Industrial and Commercial Administration Department of the State Council is responsible for the registration and management of trademarks nationwide. The industrial and commercial administration department of the State Council has established a Trademark Review and Adjudication Committee to handle trademark disputes.
Article 3 Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; the trademark registrant enjoys the exclusive right to use the trademark and is protected by law. The term "collective trademark" as mentioned in this Law refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization. The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the origin of the goods or services. , raw materials, manufacturing methods, quality or other signs of specific quality. Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.
"Law of the People's Republic of China against Unfair Competition"
Article 1 is to promote the healthy development of the socialist market economy, encourage and protect fair competition, and prevent unfair competition. This law is formulated to protect the legitimate rights and interests of operators and consumers.
Article 2: Operators shall abide by the principles of voluntariness, equality, fairness, and integrity in production and business activities, and abide by laws and business ethics. The term "unfair competition" as mentioned in this Law refers to the conduct of operators that violates the provisions of this Law, disrupts the order of market competition, and harms the legitimate rights and interests of other operators or consumers during production and business activities. Operators as mentioned in this Law refer to natural persons, legal entities and unincorporated organizations engaged in the production and operation of commodities or the provision of services (hereinafter referred to as commodities include services).
Article 3 People's governments at all levels shall take measures to stop unfair competition and create a good environment and conditions for fair competition. The State Council has established an anti-unfair competition coordination mechanism to study and decide on major anti-unfair competition policies, and to coordinate and handle major issues in maintaining the order of market competition.