1. Does the Civil Code include intellectual property rights? 1. The Civil Code includes provisions on intellectual property rights, which are the exclusive rights enjoyed by the obligee for works, inventions and trademark objects according to law.
(2) Article 123 of the Civil Law of People's Republic of China (PRC) states that civil subjects shall enjoy intellectual property rights according to law. Intellectual property rights are the exclusive rights enjoyed by the obligee to the following objects according to law:
1. works;
2. Inventions, utility models and designs;
3. Trademarks;
4. Geographical indications;
5. Trade secrets;
6. Layout design of integrated circuits;
7. New plant varieties;
8. Other articles prescribed by law.
2. What are the rights of intellectual property? (1) patent right
1. Definition of patent right: A patent right is the right granted to an inventor or unit to monopolize, use and dispose of an invention-creation achievement according to law.
2. The subject of patent right: the person who has the right to file a patent application and patent right and undertake corresponding obligations, including natural persons and legal persons.
3. Objects of patent right: inventions, utility models and designs;
4. The rights of the patentee: the exclusive right to use, the right to license, the right to transfer, the right to give up and the right to mark.
5. Obligations of the patentee: the obligation to exploit the patent and the obligation to pay the annual fee.
(2) Trademark right
1. Definition of trademark right: A trademark is a mark specially designed and consciously placed on the surface of a commodity or its packaging to help people distinguish different commodities. Trademark right refers to the exclusive right to use a trademark enjoyed by the trademark user according to law.
2. Subject of trademark right: the legal person or natural person who applied for and obtained the trademark right.
3. The object of trademark right: a trademark protected by the Trademark Law is a registered trademark, including a commodity trademark and a service trademark, after being approved and registered by the State Trademark Office.
4. Rights of trademark owners: right to use, right to prohibit, right to transfer and right to license.
5. Obligation of the trademark owner: guarantee the quality of the goods using the trademark, and have the obligation to pay the prescribed fees.
(3) Copyright
1. Definition of copyright: Copyright, also known as copyright, is the exclusive right enjoyed by citizens, legal persons or unincorporated units for their own literary, artistic, natural science and engineering technical works according to law.
2. The subject of copyright: refers to the owner of copyright, that is, the copyright owner. Including authors, successors of copyright, legal persons or unincorporated units and countries.
3. The object of copyright refers to all kinds of 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 and can be copied.
4. Personal rights and property rights. Personal rights include the right to publish, the right to sign, the right to modify and the right to protect the integrity of works. Property rights include the right to use and the right to receive remuneration. Intellectual property rights mainly include patent right, trademark right and copyright, but there are also some types that are regarded as intellectual property rights in law. The so-called intellectual property rights, that is, novels, inventions, trademarks, etc. Registered by others and approved by the state, no one may use it for commercial purposes without his consent.
3. What are the laws and regulations on intellectual property rights?
I. Comprehensive category: Chapter III, Section 7 of the Specific Provisions of the Criminal Law "Crime of Infringement of Intellectual Property Rights"; Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Infringement of Intellectual Property Rights. Chapter 18 of the Contract Law "Technology Contract". Chapter V of the Foreign Trade Law "Protection of Intellectual Property Rights Related to Foreign Trade".
2. Trademark Law and its implementing regulations. Interpretation of the High Court on the jurisdiction and scope of application of the law in the trial of trademark cases; Interpretation of the high court on several issues concerning the application of law in the trial of trademark civil disputes. Provisions on the identification and protection of well-known trademarks; Measures for the administration of the registration of collective trademarks and certification trademarks.
3. Patent right category: patent law and its detailed rules for implementation. Provisions of the High Court on the Applicable Law in the Trial of Patent Dispute Cases; Several provisions of the high court on the application of laws to stop patent infringement before litigation. National defense patent regulations.
4. Copyright category: Copyright Law and its implementing regulations. Interpretation of the high court on several issues concerning the application of law in the trial of copyright civil disputes; Interpretation of the High Court on several issues concerning the application of law in the trial of computer network copyright disputes; Interpretation of the high court on several issues concerning the application of law in the trial of civil disputes involving computer network domain names. Regulations on collective management of copyright; Regulations on the protection of computer software; Regulations on the protection of information network communication rights.
Verb (abbreviation of verb) trade secret: anti-unfair competition law. Several provisions on prohibiting infringement of trade secrets.
6. Category of new plant varieties: Regulations on the Protection of New Plant Varieties and its implementing rules (agriculture, forestry). Interpretation of the high court on several issues concerning the trial of disputes over new plant varieties.
Seven. Special signs: Regulations on the Administration of Special Signs; Regulations on the protection of Olympic symbols; Regulations on the protection of world Expo symbols.
Category of geographical indications: trademark law. Measures for the administration of the registration of collective trademarks and certification trademarks. Provisions on the protection of geographical indication products.
Nine. The exclusive right category of integrated circuit layout design: regulations on the protection of integrated circuit layout design and its implementation rules. Notice of the High Court on Trial of Integrated Circuit Layout Design Cases. Regulations on the protection of layout design of integrated circuits.
X other categories: regulations on customs protection of intellectual property rights; Measures for the implementation of the regulations of People's Republic of China (PRC) Municipality on customs protection of intellectual property rights. Measures for the protection of intellectual property rights in exhibitions.
The above is my own legal knowledge about whether intellectual property law is included in the civil code.