The intellectual property rights protected by the customs include exclusive rights to trademarks, copyrights and copyright-related rights, patent rights, exclusive rights to the Olympic logo and the exclusive rights to the World Expo logo, etc.
Does intellectual property include copyright?
Intellectual property includes: industrial property and copyright (called copyright in our country). 1. Industrial property rights. Invention patents, trademarks, and industrial designs constitute industrial property rights. Industrial property rights include patents, trademarks, service marks, manufacturer names, names of origin, suppression of unfair competition, new plant variety rights and exclusive rights to integrated circuit layout designs, etc. 2. Copyright: In my country, when copyright is used in a broad sense, it includes (in a narrow sense) copyright, neighboring rights, computer software copyright, etc., which fall within the scope of the Copyright Law. This is the exclusive right of the copyright owner to exclusively exploit the work (work). Copyright in the narrow sense is further divided into the right to publish, the right to authorize, the right to modify, the right to protect the integrity of the work, the right to use and the right to receive remuneration (Article 10 of the Copyright Law). Copyright is divided into personal rights and property rights. Copyright, patent rights, and trademark rights sometimes overlap, which is a characteristic of intellectual property rights.
How to confirm the type of intellectual property rights during evaluation
To confirm the type of intellectual property rights during evaluation, the relevant regulations are as follows:
(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. The subject of patent rights: the person who has the right to file a patent application and patent rights and assumes 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, Marking rights.
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 required 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. The 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.
I hope the above content will be helpful to you. If you have any questions, please consult a professional lawyer
Legal basis:
According to the "Regulations on the Customs Protection of Intellectual Property Rights" Article 2
The intellectual property rights protected by my country's customs shall be trademark exclusive rights, copyrights and copyright-related rights related to imported and exported goods and protected by the laws and administrative regulations of the People's Republic of China. patent.
Specifically, it includes the following scope:
(1) Trademarks approved and registered by the Trademark Office of the State Administration for Industry and Commerce;
(2) Registered in the World Intellectual Property Organization and extended to my country Internationally registered trademarks;
(3) Inventions, designs, and utility model patents granted patent rights by the State Intellectual Property Office (including the former China Patent Office);
(4)《 Copyrights and copyright-related rights owned by citizens or organizations that are members of the Berne Convention for the Protection of Literary and Artistic Works. In addition, according to the "Regulations on the Protection of Olympic Symbols" and the "Regulations on the Protection of World Expo Symbols" promulgated by the State Council, my country's customs also protects the Olympic symbols and World Expo symbols.