1. Trademark registration

If the creativity belongs to the trademark design of a certain product or service, the rights holder can protect his creativity by applying for trademark registration. my country's "Trademark Law" stipulates that the right holder shall have the exclusive right to register a trademark for a trademark that has been applied for and registered in accordance with the law. Without the permission of the trademark registrant, any person may use the same or similar trademark on the same or similar goods. trademark; or selling goods that infringe the exclusive rights of registered trademarks; or forging or manufacturing registered trademarks of others without authorization or selling forged or unauthorized registered trademarks; or changing the registered trademark without the consent of the trademark registrant and replacing the registered trademark with the trademark. If the goods with a changed trademark are put on the market again, it is an infringement. The trademark owner may file a lawsuit with the People's Court in accordance with the Trademark Law, or request the industrial and commercial administrative department to handle the matter.

2. Patent Application

If an idea is based on a technical invention and complies with the provisions of my country’s Patent Law on patent application, the right holder can apply for a patent. Get protection. Depending on the specific content of the idea, you can apply for an invention patent, utility model patent or design patent. An 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 shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.

my country's "Patent Law" stipulates that after an invention or utility model patent is granted, no unit or individual may exploit the patent without the permission of the patentee, except as otherwise provided in this law. That is, they are not allowed to manufacture, use, offer for sale, sell, or import their patented products for production and business purposes, or use their patented methods, or use, offer for sale, sell, or import products directly obtained according to the patented methods. After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, sell, or import its design patented products for production and business purposes.

However, it should be noted that once an idea is patented, the idea has become known to the public regardless of whether the right holder obtains patent authorization in the end. In addition, patent protection has a certain period of time, not indefinite protection. The term of invention patent rights is twenty years, and the term of utility model patent rights and design patent rights is ten years, both calculated from the date of application.

3. Copyright protection

Many creative ideas often do not meet the standards for patent application, but if the creative idea is an original intellectual achievement in the fields of literature, art and science, the rights People can express their creativity in the form of works and seek protection through copyright law. my country's Copyright Law protects works in a wide range, including (1) literary works; (2) oral works; (3) music, drama, folk art, dance, and acrobatic works; (4) fine arts and architectural works; 5) Photographic works; (6) Film works and works created using methods similar to filmmaking; (7) Graphic works and model works such as engineering design drawings, product design drawings, maps, schematic diagrams; (8) Computer software; (9) ) other works stipulated in laws and administrative regulations.

4. Protection as a trade secret

If you have an idea, you can neither apply for trademark registration, nor apply for a patent or form a work. Then, if the idea is technical information and business information that is not known to the public, can bring economic benefits to the right holder, is practical, and the right holder has taken confidentiality measures, the right holder can obtain protection as a trade secret. The rights holder shall take reasonable confidentiality measures and sign a confidentiality agreement with the unit or individual who learns of the creative idea, requiring them not to disclose or use the trade secret without authorization.

Article 10 of my country's "Anti-Unfair Competition Law" stipulates: Operators shall not use the following means to infringe commercial secrets:

(1) By theft, inducement, coercion or other unfair means Obtain the right holder’s business secrets by other means;

(2) Disclose, use or allow others to use the right holder’s business secrets obtained by the means mentioned in the preceding paragraph;

(3) Violate the agreement or breach of contract The obligee shall disclose, use or allow others to use the trade secrets in his possession according to the requirements of the right holder for keeping trade secrets.

If a third party knowingly or should have known about the illegal acts listed in the preceding paragraph obtains, uses or discloses the business secrets of others, it shall be deemed as infringement of business secrets.

Article 43 of the "Contract Law" stipulates: Business secrets learned by the parties during the process of entering into the contract shall not be disclosed or used improperly regardless of whether the contract is established. If the trade secret is leaked or improperly used and causes losses to the other party, the party shall be liable for damages.

Therefore, when a trade secret infringement occurs, the rights holder can seek relief according to the corresponding laws.