1. What is intellectual property? 2. What is intellectual property? 3. What does intellectual property include? 4. What is intellectual property? What is intellectual property?
The concept of intellectual property is as follows:
Intellectual property is "rights generated in accordance with the law based on creative achievements and industrial and commercial marks." collective name". The three most important intellectual property rights are copyright, patent rights and trademark rights. Patent rights and trademark rights are also collectively referred to as industrial property rights. Intellectual property rights in English are "intellectual property", which is also translated as intellectual achievement rights, intellectual property rights or intellectual property rights.
Intellectual property rights are the exclusive rights enjoyed by obligees in accordance with the law with respect to the following objects: (1) works; (2) inventions, utility models, and designs; (3) trademarks; (4) geographical indications; (5) Trade secrets; (6) Integrated circuit layout design.
Etymology:
On the surface, intellectual property rights can be understood as "property rights to knowledge." The premise is that knowledge meets the conditions for becoming legal property. However, the essence of knowledge is a kind of information, which is intangible and free-flowing. Once knowledge as information is disseminated, the person who provides it cannot exercise exclusive control over it.
The reason why the law wants to transform originally free information into the property of the creator is out of the need to promote scientific and technological development, social progress and public policy to protect certain specific interests. Therefore not all knowledge generates intellectual property rights. At the same time, the denotation of the term intellectual property is constantly changing with the development of society, and intellectual property is constantly being improved. What is intellectual property?
Refers to the general term of legal norms that regulate social relations arising from activities such as the ownership, exercise, management and protection of intellectual property rights.
Article 123 of the Civil Code states that civil subjects shall enjoy intellectual property rights in accordance with the law. Oral intellectual property rights are exclusive rights enjoyed by obligees in accordance with the law with respect to the following objects: (1) works; (2) inventions, utility models, and designs; (3) trademarks;
(4) Geographical indications;
(5) Trade secrets;
(6) Integrated circuit layout design;
(7) New plant varieties ;
(8) Other objects specified by law. (The "Civil Code" takes effect on January 1, 2021) What does intellectual property include?
1. Intellectual property Intellectual property, called "knowledge ownership", refers to "the rights holder's creations of his or her intellectual work" The exclusive rights enjoyed by law in the results of intellectual property rights and the marks and reputation in business activities" are generally only valid for a limited time. Various intellectual creations such as inventions, designs, literary and artistic works, as well as logos, names, and images used in business can be considered intellectual property rights owned by a certain person or organization. The term "intellectual property" appeared after the establishment of the World Intellectual Property Organization in 1967.
2. Intellectual property rights are exclusive rights regarding the fruits of intellectual labor created by human beings in social practice. With the development of science and technology, in order to better protect the interests of intellectual property rights holders, the intellectual property system has emerged and is continuously improved. Nowadays, there are more and more infringements of intellectual property rights such as patent rights, copyrights, and trademark rights. The modern patent system came into being in the first half of the 17th century; a hundred years later, the "patent specification" system came into being; and more than a hundred years later, starting from the needs of the courts in handling infringement disputes, the "claims" system came into being. "system. In the 21st century, intellectual property rights are closely related to human life. Intellectual property rights are everywhere. We can see its important role in business competition.
3. On April 24, 2017, the Supreme People’s Court issued the “Outline for Judicial Protection of Intellectual Property Rights in China” for the first time. In September 2018, the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council issued the "Opinions on Several Issues Concerning Strengthening Reform and Innovation in the Field of Intellectual Property Trial" and other important documents.
In 2019, the "2018 China Intellectual Property Development Situation Evaluation Report" was released: On November 24 of the same year, the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council issued the "Opinions on Strengthening Intellectual Property Protection" and issued a notice requiring All regions and departments conscientiously implement it based on actual conditions. What is intellectual property rights
Intellectual property rights are the rights that people enjoy in accordance with the law over their specific intellectual achievements, goodwill and other specific related objects.
Intellectual property rights cannot be narrowly understood as "property rights to knowledge." Not all knowledge can have intellectual property rights. For example, historical and geographical knowledge cannot become anyone's property, so intellectual property rights must be Have a clear understanding.
From the perspective of the content of rights, intellectual property rights include personal rights and property rights; personal rights in intellectual property rights are exclusive rights that are inseparable from the person of the person who creates the results of intellectual activities; property rights in intellectual property rights refer to Those who enjoy intellectual property rights have the right to receive remuneration or other benefits based on the results of such intellectual activities.
From the perspective of the results of intellectual activities, intellectual property rights can be roughly divided into copyrights, patent rights, and trademark rights. Copyrights are self-contained, and patent rights and trademark rights are collectively called industrial property rights.
Characteristics of intellectual property rights:
1. The object is immaterial:
The difference between intellectual property rights and other rights mainly lies in the object. The object of intellectual property rights is Works, inventions and goodwill are of immaterial nature, while the subject matter of other rights is things.
2. Specific exclusivity:
Exclusiveness, also known as exclusivity, means that other people cannot use the intellectual property without the permission of the intellectual property owner or as stipulated by law, otherwise it will infringe the knowledge. The rights of the property owner.
3. Regionality:
Unless there are special provisions in international treaties, bilateral or multilateral agreements, the effectiveness of intellectual property rights is limited to the territory of the country. Because property rights are legal rights, and different countries have different regulations on the allocation and protection of intellectual property rights, property rights in one country cannot be automatically protected in other countries.
4. Timeliness:
The protection period of most intellectual property rights is limited. Once the protection period exceeds the peak law, it will no longer be protected. my country's Copyright Law protects works for 50 years between the author's lifetime and death, and the Patent Law protects patented inventions for 20 years, after which they can be used at will. Registered trademarks can always be protected if renewed within the statutory period.