The protection period of intellectual property rights, the protection period of trademark rights in intellectual property rights is ten years, and can be renewed, and the renewal period is ten years. The term of invention patent rights is twenty years, and the term of utility model patent rights and design patent rights is ten years. The protection period of copyright is generally fifty years.
1. Overview of intellectual property rights:
1. 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. Usually, the state gives creators rights over their intellectual property rights. The exclusive right or exclusive right enjoyed by the results for a certain period of time.
2. 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 spiritual wealth without form, and it is creative intelligence. The fruits of labor created by 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. Type:
Intellectual property is the ownership of the results generated by intellectual labor. It is granted to qualified authors, inventors or owners of results within a certain period of time in accordance with the laws of various countries. exclusive rights.
It has two categories: one is copyright (also known as copyright, literary property), and the other is industrial property (also known as industrial property).
1. Copyright:
Copyright, also known as copyright, refers to the general term for the property rights and moral rights that natural persons, legal persons or other organizations enjoy in accordance with the law in literary, artistic and scientific works. It mainly includes copyright and neighboring rights related to copyright; usually, the intellectual property rights we talk about mainly refer to computer software copyright and work registration.
2. Industrial property rights:
Industrial property rights refer to an intangible property right with practical economic significance in industry, commerce, agriculture, forestry and other industries. From this point of view" The name "industrial property rights" is more appropriate. Mainly including patent rights and trademark rights.
3. Intellectual property investment needs to be evaluated, and the following materials need to be provided for evaluation:
1. Provide patent certificates, patent registers, trademark registration certificates, and transfers related to intangible asset investments. Contract, handover certificate, etc.
2. Fill in the intangible assets investment verification list. The required name, validity status, pricing and other contents must comply with the contract, agreement, and articles of association, and must be signed or accepted by the company, approved by each investor, and signed on the list.
3. Intangible assets should go through transfer procedures (property transfer registration procedures for intellectual property rights; technology transfer contracts signed for non-patented technologies; land registration procedures for changes in land use rights) but have not been completed during capital verification , fill in the investment property transfer form, sign it by the proposed enterprise and its investors, and promise to complete the relevant property transfer procedures within the specified period; the delivery method, delivery location, contract, agreement, and articles of association shall be stipulated in the contract, agreement, , the articles of association are consistent with: the "signature and seal of the receiving party" column, which must be signed and sealed by all shareholders.
4. An appraisal report issued by an asset appraisal agency that satisfies the capital verification requirements, including the appraisal purpose, appraisal scope and object, appraisal base date, appraisal assumptions and other relevant qualifications, and documents confirming the value of the appraised assets from all parties involved.
5. Article 27 of the new Company Law deletes the old requirement on the proportion of intellectual property investment, which means that enterprises can invest 100% with intellectual property.
6. If the investment is made with patent rights, if the patentee is a unit owned by the whole people, the approval document of the superior competent department shall be provided; if the investment is made with trademark rights, the approval document of the trademark competent department shall be provided; if the investment is made with high-tech achievements, the approval document of the competent department of trademark shall be provided; if the investment is made with high-tech achievements, the approval document of the higher-level competent department shall be provided; Provincial science and technology management departments review and identify documents.
Legal basis:
"Copyright Law of the People's Republic of China"
Article 37 Publishers have the right to permit or prohibit others from using their copyrights Layout design of published books and periodicals.
The protection period of the rights stipulated in the preceding paragraph is ten years, ending on December 31 of the tenth year after the books or periodicals using the format design are first published.
Article 44: Audio and video producers have the right to permit others to copy, distribute, rent, and disseminate to the public through information networks the audio and video products they produce and receive remuneration; the protection period of the rights is Fifty years, ending on December 31, the fiftieth year after the product was first made.
To copy, distribute, and disseminate audio and video recordings to the public through information networks, the licensee shall obtain permission from the copyright holder and the performer and pay remuneration; the licensee shall also obtain permission from the performer when leasing audio and video recordings. permission and payment of remuneration.