Intellectual Property

World Intellectual Property Day

April 26

Did you know April 20 to 26

Is it National Intellectual Property Awareness Week?

How much do you know about intellectual property rights?

Today I will take you to find out,

Things about intellectual property rights!

Intellectual Property Law ≠ "Intellectual Property Law"

People are used to talking about "Intellectual Property Law", but this does not mean that there is a law in our country called "Intellectual Property Law of the People's Republic of China" Property Law. In fact, what we often refer to as "intellectual property law" is just a legal subject concept or a collective name for a series of intellectual property legal norms, including copyright law, trademark law, patent law and other laws, as well as related laws and regulations.

"Intellectual property rights" come from legal provisions

Intellectual property rights are the laws and regulations that are enforced by the state in order to stimulate innovation, promote scientific and technological development and other public policy needs at a certain period of social development. All kinds of intellectual achievements are set as the legal rights of creators. Therefore, whether the results of people's intellectual activities can be recognized as intellectual property and protected can only be determined by the country's intellectual property laws.

What does intellectual property include?

Intellectual property includes traditional intellectual property and new intellectual property. Traditional intellectual property rights can be roughly divided into copyrights, patents, and trademarks. Patent rights and trademark rights are collectively called industrial rights; new intellectual property rights include integrated circuit layouts. Design rights, new plant variety rights, geographical indication rights and trade secret rights. With the acceleration of technological innovation and social development, the scope of expansion of intellectual property extension types will become wider and wider, and the expansion speed will also become faster and faster.

What does intellectual property protect?

Intellectual property protects non-material objects such as intellectual achievements and goodwill. The concept of "immateriality" is relatively unfamiliar to most people. The following case can help to understand "immateriality": Zhao came back from traveling in South America and wrote a travelogue "Traveling in South America", then " "Zhao's intellectual achievements" refers to the content in the book "Traveling in South America". Suppose that Traveling in South America is released by a publisher and sells out. Then, the ownership of the published books "Traveling in South America" ??has been vested in the purchasers respectively, but the copyright of "Traveling in South America" ??is still only owned by Zhao. If someone steals a book purchased by one of the readers, the act of stealing the book infringes upon the reader's ownership rights, but does not infringe on Zhao's copyright, and is not protected by the copyright law; but if the person who steals the book also arbitrarily removes the book from the book, Posting the content on a travel website constitutes an infringement of Zhao's copyright. This is because the copyright law protects the content written in the book "Traveling in South America". Others cannot use the book without Zhao's consent. Copy and disseminate the content.

Intellectual property rights must be "reflected" in tangible forms

The "intellectual achievements, goodwill" and other objects protected by intellectual property rights themselves are invisible and intangible, so these objects must be "reflected" in tangible forms. Only when the form is "embodied" and "fixed" in physical form can it become the object of protection by intellectual property law.

The owner of intellectual property rights enjoys "exclusiveness" over the intellectual property rights

The particularity of intellectual property rights is that in most cases it must be public. For example, someone invented a technology and successfully applied for a patent. Only when this patented technology is applied to products and sold can it bring economic benefits to the patentee, and the better the product sales, the more the patentee will benefit. However, the greater the market sales of the product, the more people the patent is "exposed" and the greater the risk of being "piracy". If the law does not grant the patentee "exclusive rights" to the patent in a timely manner, and others do not need to bear any legal consequences for misappropriation, then once other products also use the technology at will, the economic rights and interests of the patentee will not be protected.

So whether it is copyright, patent right or trademark right, the core of their rights is "others are not allowed to use it without the permission of the right holder", and the exclusive rights and interests of the intellectual property holder are protected through the power of law. .

Intellectual property rights have regional restrictions

Since the types of rights and protection levels stipulated in the intellectual property laws of various countries are different (for example, the smell trademark recognized by the United States and other countries cannot be used in our country) Registered as a trademark), therefore unless there are special provisions in international treaties, bilateral or multilateral agreements, the intellectual property rights of one country cannot be automatically protected in other countries.

Different types of intellectual property rights are obtained in different ways

According to my country's current relevant laws and regulations, copyright is "acquired when the author completes the creation", and patent right is "granted and announced by the Patent Office Effective from the date of registration", the trademark right is "obtained from the registration approval by the Trademark Office". Since this is also the case in international practice, different types of intellectual property rights are subject to different degrees of geographical restrictions.

The protection period of most intellectual property rights has a time limit

Once the intellectual property rights exceed the legal protection period and enter the public domain, they are no longer protected, and people do not need to go through the intellectual property owner. Licensing allows you to use related works, technologies, etc. for free. The relevant protection periods under my country's current legislation are: 50 years for copyright, 20 years for invention patents, 10 years for utility model patents and design patents, and 10 years for trademarks. However, if it is personal rights (authorship rights, etc.), non-intellectual activity results, or non-public information (trade secrets, etc.), there is no time limit for the protection period.

Be sure to keep a small notebook to keep track of the above content

Intellectual property rights are closely related to us

Protecting intellectual property rights starts with me!

Source: Legal Popularization in China

1. Uncle Ai, the court janitor, did not have time to live on his first day of retirement! Come and watch

2. Escort the Winter Olympics! Yanqing Law Lecture Hall starts, 24,000 people come to learn the law

3. From pedestrian streets to markets, from parks to campuses, today, all districts are promoting this matter...