How to understand intellectual property rights
a) Intellectual property rights are an important factor in promoting creation and invention, and are the driving force of the knowledge economy.
(b) Each country should be encouraged to develop an IP culture tailored to its needs, including a focused national IP strategy, the most appropriate national IP system, and Raise awareness within the IP community (both at policy planning and grassroots levels) of IP as a powerful tool for economic, social and cultural development.
(c) The intellectual property system, including its legal and institutional infrastructure and human resource capacity, should be consistent with national policy objectives. It should also be effective, affordable and easily accessible to all stakeholders, including individuals and small and medium enterprises (SMEs).
(d) The intellectual property system should take into account the interests of intellectual property (IP) holders and the public at large. While keeping in mind national policy objectives, it should also be consistent with international intellectual property laws and international agreements.
(e) WIPO’s global protection systems and services (i.e. the PCT, Madrid, Hague and Lisbon Systems) and the services of the WIPO Arbitration and Mediation Center should continue to be effective, high-quality and consistent with the needs of innovators, researchers and The needs of users such as personnel, entrepreneurs, especially small and medium-sized enterprises, and academic institutions.
(f) As the specialized United Nations agency responsible for intellectual property work, WIPO’s activities include efforts to increase cooperation with other United Nations agencies and to raise awareness of intellectual property in these agencies, as well as the general public and decision-makers. leading initiatives in this field in recognition of their role within the framework of the United Nations Millennium Development Goals.
(g) Cooperation between WIPO, governments and the private sector should be further strengthened to increase technical assistance to developing countries and countries in transition to market economies. This includes providing necessary support in capacity-building and developing appropriate infrastructure and strengthening human resources.
(h) Modernization of planning, budgeting and accounting will ensure greater openness, transparency and effectiveness in the management and implementation of activities
How to understand intellectual property
1. Concept: Intellectual property rights refer to the exclusive rights that people enjoy in accordance with the law with respect to the fruits of their intellectual labor. It is usually the exclusive rights or exclusive rights granted by the state to creators over their intellectual fruits for a certain period of time. Exclusive right. It mainly includes copyright, patent rights and trademark rights.
Intellectual property is essentially an intangible property right. Its object is intellectual achievements or knowledge products. It is a kind of intangible property or a kind of incorporeal spiritual wealth, which is created by creative intellectual labor. the fruits of labor. Like tangible property such as houses and cars, it is protected by national laws and has value and use value. The value of some major patents, well-known trademarks or works is also much higher than tangible properties such as houses and cars.
2. Characteristics:
⑴ Intellectual property is a kind of intangible property.
⑵ Intellectual property rights are proprietary.
⑶ Intellectual property rights have the characteristics of timeliness.
⑷ Intellectual property rights have regional characteristics.
⑸The acquisition of most intellectual property rights requires legal procedures. For example, the acquisition of trademark rights requires registration.
How to understand intellectual property rights?
It seems like I am fooling you. Since it is entrusted by you, it should be modified according to your requirements, and there is no issue of intellectual property rights.
Intellectual property rights refer to the exclusive rights that people enjoy in accordance with the law regarding the results of their intellectual work. It is usually the exclusive right or exclusive right granted by the state to creators over their intellectual results for a certain period of time. ). [1] Intellectual property is essentially a kind of intangible property right. Its object is intellectual achievements or knowledge products. It is a kind of intangible property or a kind of intangible spiritual wealth. It is the labor result created by creative intellectual labor. Like tangible property such as houses and cars, it is protected by national laws and has value and use value. The value of some major patents, well-known trademarks or works is also much higher than tangible properties such as houses and cars.
Who knows what characteristics intellectual property has?
Intellectual property rights are the legal rights that people enjoy over intellectual achievements in the fields of science, technology and culture, as well as business logos and industrial and commercial performance.
Intellectual property is essentially an intangible property right. Scholars have made many discussions about its characteristics. Some scholars believe that the only characteristic of intellectual property is the intangibility of the object; some scholars summarize the characteristics of intellectual property as exclusivity, regionality, timeliness and the immateriality of the object. ; Some scholars believe that the characteristics of intellectual property are the intangibility, exclusivity, regionality, timeliness and replicability of rights.
The author believes that the characteristics of intellectual property rights are highlighted when compared with tangible property ownership. This article intends to start from the comparison of these two rights and summarize the characteristics of intellectual property rights into the following four aspects. 1. Intangibility of the object The intangibility of the object is the most essential feature of intellectual property and is the fundamental difference between intellectual property and tangible property rights. The following characteristics of intellectual property are: relative monopoly, limited legal effect in time and space, and The uncertainty in the scope of rights protection is, to some extent, rooted in this.
The object of intellectual property rights is knowledge products, which are usually the product of creative intellectual labor, and their essence is a kind of information. This kind of information is in the "exclusive domain", which enables the exclusive owner to obtain some legal market monopoly rights, and can use this right to obtain economic benefits and prevent others from competing with itself.
Contemporary Western scholars divide property into movable property, real estate and intellectual property. They believe that the creation of intellectual labor is called "knowledge" property because this property is related to various information.
People combine this information with tangible carriers and make a large number of copies in different places at the same time. Intellectual property is not included in the above-mentioned copies, but is reflected in the information reflected in the copies. Some scholars even suggested that “it may be better to regard intellectual property rights as information rights. With the development of society, it is increasingly necessary to divide rights into three categories: property rights, creditor’s rights and information rights.”
Why do you think that the essence of knowledge products is information? Let’s make a detailed analysis from the perspective of various objects of intellectual property rights. The object of patent rights is inventions and creations. Whether these inventions and creations are regarded as a "new technical solution" or a "new design", they convey a kind of information to the public, and the public can implement the patent based on this information.
The object of copyright is a work, through which the author intends to express certain thoughts and emotions to people. Japanese Copyright Law defines a work as "a product of creative expression of thoughts or emotions in the fields of literature, science, art or music"; my country's "Copyright Law Implementation Regulations" defines "work" as "a product in the fields of literature, art and science" , an intellectual creation that is original and capable of being reproduced in some tangible form.”
It can be seen that the essence of the work is still information. As the object of trademark rights, a trademark is a sign of the source of goods or services. It conveys information to the public such as the manufacturer, place of origin, and quality of goods or services. Consumers often rely on trademarks to make choices that suit them. , producers rely on trademarks to differentiate their products or services from those of competitors.
Databases, especially electronic databases, can be said to be the master of information. The H.R.354 bill of the United States in October 1999 defined a database as an "information body", that is, "collected and organized Information that is dispersed and centralized in a place or source accessible to people, including facts, data, copyrighted works, or any other intangible material that can be systematically collected and organized. As for trade secrets, it can be said to be a kind of information. Article 10, paragraph 3, of my country’s Anti-Unfair Competition Law clearly defines trade secrets as “not known to the public, can bring economic benefits to the right holder, and have practical technical information and business information that are confidential and the right holder has taken confidentiality measures."
As the essence of knowledge products, the fundamental characteristic of information is intangibility. “It does not exist in the form of land, air, or wild animals... This kind of property, in the strictest sense, It is a kind of creation", which is different from the physical object of property rights in the traditional sense. Japanese scholar Nobuo Monatani defines the object of intellectual property as "intangible inventions, creations, expressions of ideas or customer attraction, and other intangible objects and the results of intellectual activities."
It is precisely because of this intangibility that there is a significant difference in the objects between intellectual property rights and tangible property rights: First, the object and carrier of tangible property rights are unified, while the object of intellectual property rights is consistent with its carrier. Carriers are phase-separated, and knowledge products must be embodied through certain, tangible material carriers, and the form of this material carrier is not unique. For example, a work can be fixed on film and shown in the form of a film, or it can be written into a book and published in text form.
"From the traditional commercial transactions of writings, music, photos, broadcasts, movies and other works, it can be found that the objects of the transactions are not the works themselves... Although the works are in the form of books, record players The transaction of physical objects such as films and films is actually a transaction of the connotation of works that are in a dominant position from the perspective of value, and legally utilizes the transaction form of physical objects in a subordinate position. "Then, the object of intellectual property rights is different from it. What is the relationship between tangible carriers? Some scholars have introduced the concept of "abstract object" to describe the object of intellectual property: "Abstract object is the core structure necessary to constitute the identity of tangible objects. This core structure becomes the observer's choice between two specific tangible objects. The basis for making identity judgments between entities; legal professionals use this core structure to determine whether completely incomparable tangible objects are identical or similar, or similar to each other.”
Second, intellectual property rights. The tangible carrier on which the object relies can be copied and imitated, and the intellectual property owner only enjoys exclusive rights to the same information reflected in several tangible carriers; however, for the object of tangible property rights, even if two identical information appear, A tangible object, there are also two independent property rights existing on these two objects. Third, under certain time and space conditions, the same knowledge product can be used by several subjects at the same time, and this use will not cause tangible loss like physical objects, nor will it cause its own loss due to physical consumption. "Information The supply to one person does not reduce the amount of information available to another person.
How to understand the term intellectual property?
[Edit this paragraph] Introduction in English: "Intellectual property" is "Gestiges Eigentum" in German, and its original meaning is "intellectual (property) ownership" or "intellectual (property) ownership", also known as intellectual property rights.
In Taiwan, China. It is called intellectual property rights. According to the provisions of my country's "General Principles of Civil Law", intellectual property rights are civil rights and are a collective term for rights arising from creative intellectual achievements and industrial and commercial marks.
According to research by scholars, this term is the earliest. It was proposed by the French scholar Kapuszov in the mid-17th century and later developed by the famous Belgian jurist Picardy. Picardy defined it as "all rights derived from intellectual activities". Intellectual property rights refer to the basis of citizens or legal persons. According to the provisions of the law, the exclusive rights enjoyed by intellectual products produced by intellectual creation or innovative activities are also called "intellectual achievement rights" and "intangible property rights", which mainly include invention patents, trademarks and industrial designs, etc. Intellectual property rights are composed of industrial property rights and copyright (copyright) composed of works in natural sciences, social sciences, literature, music, drama, painting, sculpture, photography and film photography.
Intellectual property rights are two parts. An intangible property right refers to the results obtained by intellectual creative labor, and is a right enjoyed by intellectual workers in accordance with the law. This right is called personal rights and property rights, and is also called moral rights and economic rights. Rights.
The so-called personal rights refer to rights that are inseparable from the person of the person who obtains the intellectual achievements, and are the legal reflection of the personal relationship. For example, the author’s right to sign his or her work. The right to publish and modify works, etc., are moral rights; the so-called property rights refer to the right that the obligee can use these intellectual achievements to obtain remuneration or receive rewards after the intellectual achievements are recognized by law. This right is also called economic rights. .
The object of intellectual property is the human mind, and the creations of human intelligence belong to "intellectual achievement rights". It refers to the spirit created by engaging in all intellectual activities in the fields of science, technology, culture, and art. The rights enjoyed by wealth in accordance with the law. [Edit this paragraph] Significance (1) The object of intellectual property rights is the intellectual achievements of people, which some people call spiritual (wisdom) outputs.
This kind of output (intellectual achievement) is also a kind of intangible property or intangible property, but it is different from the intangible property (such as electrical) that is a physical product and the kind that is a right. Unlike intangible property (such as mortgage rights and trademark rights), it is a direct product of human intellectual activity (brain activity). This kind of intellectual achievement is not only thought, but the expression of thought.
But it is different from the carrier of thought. (2) The right subject has exclusive and exclusive use of intellectual achievements. In this regard, it is similar to ownership in real rights, so it was classified as property rights in the past.
(3) The benefits obtained by rights holders from intellectual property rights are both economic and non-economic in nature. These two aspects are combined and inseparable.
Therefore, intellectual property rights are different from personality rights, family rights (the benefits are mainly non-economic), and property rights (the benefits are mainly economic). [Edit this paragraph] Content Intellectual property law is one of the legal norms that regulates various social relationships arising from the creation and use of intellectual achievements, as well as the process of confirming, protecting and exercising the intellectual property rights of the owners of intellectual achievements. General term.
Generally includes the following legal systems: Copyright legal system, patent legal system; Copyright legal system; Trademark legal system; Trade name legal system; Origin marking legal system; Trade secret legal system; and the legal system against unfair competition. Intellectual property rights include: industrial property rights and copyright (called copyright in our country).
Industrial property rights include invention patents, trademarks, and industrial designs. 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.
Main types: 1. Trademark right refers to the exclusive right granted by the trademark authority to the trademark owner in accordance with the law to protect its registered trademark under national law. A trademark is a commercial sign used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional signs, color combinations, or a combination of the above elements.
To obtain trademark rights in my country, the trademark registration procedure must be followed, and the first-to-file principle must be implemented. Trademark is an identification mark in industrial activities, so the role of trademark rights is mainly to maintain order in industrial activities, which is different from the role of patent rights, which is mainly to promote the development of industries.
2. Patent rights and patent protection refer to an invention-creation filing a patent application with the National Patent Office. After passing the examination in accordance with the law, the patent applicant is granted the right to enjoy the invention-creation within a specified period of time. exclusive rights. According to my country's patent law, there are three types of inventions, namely inventions, utility models and designs.
After an invention or utility model patent is granted a patent right, the patentee has exclusive rights to the invention and creation. No unit or individual may exploit the patent without the permission of the patentee, that is, it shall not The purpose of production and business operations is to manufacture, use, offer for sale, sell and import its patented products. After the design patent right is granted, no unit or individual may implement the patent without the permission of the patentee, that is, they may not manufacture, sell or import the patented products for production and business purposes.
Without the permission of the patentee, the implementation of the patent will infringe the patent rights and cause disputes, which shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or a closely related person may file a lawsuit with the people If you file a lawsuit in court, you can also request the patent management department to handle it. Of course, there are exceptions to non-infringement, such as right of prior use and use for scientific research purposes.
Patent protection adopts a protection model of “two channels, parallel operations, and judicial guarantee” of judicial and administrative enforcement. Administrative protection in this region adopts the form of patent enforcement in the form of roving enforcement and joint enforcement, concentrating efforts and focusing on intensifying the crackdown on group infringement, repeated infringement and other phenomena that seriously disrupt the patent legal environment.
3. Trade name rights. That is, the manufacturer's name right is a right to use one's registered trade name (manufacturer name, company name) without interference from others.
An enterprise’s trademark right cannot be equated with an individual’s name right (a type of personality right). In addition, such as the name of origin,.
How to understand intellectual property rights
1. Concept: Intellectual property rights refer to the exclusive rights that people enjoy in accordance with the law with respect to the results of their intellectual work. It is usually the state that gives creators the right to own their intellectual achievements. An exclusive right enjoyed for a certain period of time.
It mainly includes copyright, patent rights and trademark rights. Intellectual property is essentially a kind of intangible property right. Its object is intellectual achievements or knowledge products. It is a kind of intangible property or a kind of intangible spiritual wealth. It is the labor result created by creative intellectual labor.
Like tangible property such as houses and cars, it is protected by national laws and has value and use value. The value of some major patents, well-known trademarks or works is also much higher than tangible properties such as houses and cars.
2. Characteristics: ⑴ Intellectual property is a kind of intangible property. ⑵ Intellectual property rights are characterized by proprietary nature.
⑶ Intellectual property rights have the characteristics of timeliness. ⑷ Intellectual property rights have regional characteristics.
⑸The acquisition of most intellectual property rights requires legal procedures. For example, the acquisition of trademark rights requires registration. ..
Understanding of intellectual property rights
Intellectual property rights refer to the exclusive rights that citizens, legal persons or other organizations enjoy in accordance with the law on the intellectual achievements completed by creative labor in science and technology or culture and art. Have rights.
This definition includes three meanings: (1) The object of intellectual property is the intellectual achievements of people, which some people call spiritual (wisdom) outputs. This kind of output (intellectual achievement) is also a kind of intangible property or intangible property, but it is different from the intangible property that is a physical product (such as electrical), and the intangible property that is a right (such as mortgage rights). , trademark rights), it is a direct product of human intellectual activity (brain activity).
This kind of intellectual achievement is not just thought, but the expression of thought. But it is different from the carrier of thought.
(2) The right subject has exclusive and exclusive use of intellectual achievements. In this regard, it is similar to ownership in real rights, so it was classified as property rights in the past. (3) The benefits obtained by rights holders from intellectual property rights are both economic and non-economic in nature.
These two aspects are integrated and inseparable. Therefore, intellectual property rights are different from personality rights, family rights (the benefits are mainly non-economic), and property rights (the benefits are mainly economic).
Intellectual property rights include: industrial property rights and copyright (called copyright in our country). ■Industrial property rights consisting of invention patents, trademarks, and industrial designs.
Industrial property rights include patents, trademarks, service marks, manufacturer names, names of origin, suppression of unfair competition, etc. The following only points out some of the main types of industrial property rights: △Trademark rights refer to the exclusive rights granted by the trademark authorities to trademark owners in accordance with the law to protect their registered trademarks under national laws.
A trademark is a commercial sign used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional signs, color combinations, or a combination of the above elements. To obtain trademark rights in my country, the trademark registration procedure must be followed, and the first-to-file principle must be implemented.
Trademark is an identification mark in industrial activities, so the role of trademark rights is mainly to maintain order in industrial activities, which is different from the role of patent rights, which is mainly to promote the development of industries. △Patent rights and patent protection refer to an invention-creation filing a patent application with the National Patent Office. After passing the examination in accordance with the law, the patent applicant is granted the exclusive right to the invention-creation within a specified period of time.
After an invention-creation is granted a patent, the patentee has exclusive rights to the invention-creation. No unit or individual may exploit the patent without the permission of the patentee, that is, it shall not be used for production and business purposes. Manufacture, use, offer for sale, sell and import its patented products. Exploiting the patent without the permission of the patentee will infringe upon the patent right. If a dispute arises, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or a closely related person may sue the People's Court or request management. The department handles patent work.
Patent protection adopts a protection model of “two channels, parallel operations, and judicial guarantee” of judicial and administrative enforcement.
Administrative protection in this region adopts the form of patent enforcement in the form of roving enforcement and joint enforcement, concentrating efforts and focusing on intensifying the crackdown on group infringement, repeated infringement and other phenomena that seriously disrupt the patent legal environment.
△Trade name rights. That is, the manufacturer's name right is a right to use one's registered trade name (manufacturer name, company name) without interference from others.
An enterprise’s trademark right cannot be equated with an individual’s name right (a type of personality right). In addition, appellations of origin, proprietary technology, anti-unfair competition, etc. are also stipulated in the Paris Convention, but appellations of origin are not intellectual achievements, and proprietary technologies and unfair competition can only be protected by the Anti-Unfair Competition Law, which are generally not included. into the scope of intellectual property rights.
■ Works in the natural sciences, social sciences, literature, music, drama, painting, sculpture, photography and cinematography constitute copyright. Copyright is the legally stipulated right for a certain unit or individual to print, publish and sell a certain work. Anyone who wants to copy, translate, adapt or perform must obtain the permission of the copyright owner, otherwise it will be an infringement of the rights of others. Behavior.
The essence of intellectual property rights is to treat human intellectual achievements as property. Copyright is a civil right enjoyed by original authors of literary, artistic, scientific and technological works in accordance with the law.
△Copyright. In our 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 understand the supporting role of intellectual property in technology?
Strengthen the construction of innovation and intellectual property faculty; formulate and implement patent quality strategies; promote the transformation and application of high-quality patents.
Students are the future of the country and an important part of future innovation subjects. Providing innovation education and intellectual property education to them to improve their ability to create, apply and protect intellectual property is essential for creating an innovation environment for all people and building an innovative society. countries play an important role. Although the "National Intellectual Property Strategy Outline" emphasizes the need to include intellectual property content in student textbooks and strengthen the popularization of intellectual property education among students, most universities and primary and secondary schools in my country generally lack teachers in innovation education and intellectual property, resulting in Students have weak awareness of intellectual property rights and do not have innovative awareness, ability and spirit.
Improving patent quality is not only a need for the development of intellectual property itself, but also the basis for maintaining rapid and stable economic development and building a high-quality industrial structure. To improve the quality of patents, we can start from the following aspects:
First, continue to implement the "Twelfth Five-Year Plan for Intellectual Property Talents", steadily promote the "Hundreds and Tens of Intellectual Property Talents Project", and strengthen Intellectual property talent team building. For example, an excellent patent agent can basically solve the problems encountered in writing a patent application on the premise of understanding the technical content of the inventor, write an application text that meets legal regulations and customer needs, and reduce the burden on enterprises or companies due to patent document quality issues. Losses incurred by the inventor. Intellectual property engineering personnel and management personnel in enterprises and institutions, such as intellectual property engineers, intellectual property specialists, intellectual property managers, etc., can help enterprises reduce intellectual property disputes caused by patent quality issues and manage enterprises with business concepts and methods. Intellectual property matters and expand corporate market share.
Second, revise and improve patent regulations, improve the patent search system, improve the examination and authorization methods of utility model patents and design patents, reduce repeated authorization, and optimize the overall patent quality.
Third, further strengthen and improve the incentive mechanism and inspection mechanism for innovation results. The construction of enterprise scientific and technological innovation mechanisms is the key. All institutional reforms and mechanism innovations need to be implemented in enterprises to generate social and economic benefits.
Shen Changyu, Director of the State Intellectual Property Office, pointed out at the large-scale public welfare activity of "Intellectual Property Goes to the Grassroots and Serves the Economy for Thousands of Miles" that realizing the effective connection between intellectual property public services and economic and social development is the key to intellectual property rights. The important work points of the competent authorities at present and in the future are to innovate *** service methods, improve *** service levels, guide and help enterprises to further enhance their intellectual property creation, application, protection and management capabilities, promote industrial transformation and upgrading, and promote The economy and society will develop better and faster.
As a bridge and link between innovation and the market, intellectual property plays an important role in the construction of the national innovation system. The purpose of protecting intellectual property rights is to realize the benefits inherent in intellectual property rights, that is, the ultimate goal of intellectual property rights is not to own it but to maximize benefits. As an intangible asset, the value of intellectual property is affected by the market, technology, law, and other intellectual property rights. The industrialization of intellectual property has the characteristics of high investment, high risk, and high return.