Intellectual property protection concept and content
Intellectual property protection in a narrow sense is usually understood as protection through judicial and administrative enforcement Intellectual Property Rights Act. However, this protection system, which is limited to the dual-track system of judicial and administrative enforcement, can neither completely and effectively protect intellectual property rights, nor can it constitute all the content covered by intellectual property protection. Therefore, it is necessary to expand the concept of intellectual property protection to a broader meaning. level. Intellectual property protection in a broad sense refers to the sum of all activities to stop and crack down on infringements of intellectual property rights in accordance with existing laws. Only in this way can a broader definition of intellectual property protection reflect all aspects of intellectual property protection more systematically and comprehensively.
Contents of intellectual property protection
1. Legislative protection refers to the state granting civil rights to civil subjects through legislation It enjoys intellectual property rights and legally binding protection for its intellectual property and related spiritual interests.
2. Administrative protection refers to the administrative penalties imposed by the state administrative agencies on the parties for some serious violations of intellectual property laws, and the infringement of rights on certain intellectual property rights. Administrative actions such as authorization given by a person.
3. Judicial protection refers to the protection of intellectual property rights through judicial channels.
4. Intellectual property collective management organization protection, that is, weaker intellectual property rights protect their own interests and power by forming some kind of organization, and the organization handles intellectual property rights on their behalf. Protection related matters.
5. Self-relief by the intellectual property owner or other interested parties. Intellectual property owners or other interested parties establish a department specializing in intellectual property legal or management affairs, formulate an intellectual property strategy, and determine a series of specific measures and means on how to protect intellectual property and avoid infringement of others.
6. Public opinion-oriented protection, through correct and reasonable public opinion guidance on intellectual property protection, create a good atmosphere for intellectual property protection.
The current status of intellectual property development
1. The current legislative status of intellectual property
In the 1980s, China began to build a legal system for intellectual property protection. Based on the objective needs of China's national economic development, and by drawing on international conventions, treaty provisions and the advanced experience of other developed countries in intellectual property protection legislation, it has continuously established and The legislative system for intellectual property protection has been improved. At present, China's legal system for intellectual property protection mainly consists of three parts: laws, administrative regulations and departmental rules. It has established a relatively complete legal system for intellectual property protection and has received support from countries around the world and internationally. Generally recognized by the organization. In addition, China is also actively studying and formulating new laws and regulations related to the protection of intellectual property rights. For example, the "Supreme People's Court and Supreme People's Procuratorate's Specific Rules on Handling Criminal Cases of Intellectual Property Infringement" came into effect on December 22, 2004. "Interpretation of Several Issues in the Application of Law", the "Copyright Collective Management Regulations" that came into effect on March 1, 2005, etc. It is believed that with the introduction of these new laws and regulations, China's intellectual property protection legal system will be further improved and improved. .
2. Participation in international conventions on the protection of intellectual property rights
China is constantly improving and improving its domestic While building the legal system for intellectual property protection, it has successively participated in some major international conventions, treaties and related agreements on intellectual property protection since the 1980s. Since 1980, China has joined the "Convention Establishing the World Intellectual Property Organization" So far, it has joined the Paris Convention for the Protection of Industrial Property, the Madrid Agreement for the International Registration of Marks, the Berne Convention for the Protection of Literary and Artistic Works, the Universal Copyright Convention, the Convention for the Protection of Audiovisual Producers against Illegal Copying, the International Patent Cooperation Convention, Nice Agreement on the International Classification of Goods and Services and other agreements or treaties on intellectual property protection. In addition, China is also actively studying to join other international treaties on intellectual property protection. For example, China has begun to formulate and amending laws to actively prepare for joining the WIPO Copyright Treaty (wc) and the WIPO Performances and Phonograms Treaty (WPly).
3. Promotional activities to raise awareness of intellectual property rights
Currently, the Chinese government has adopted a series of publicity measures to severely crack down on counterfeit and shoddy products and infringement and piracy. , mainly includes two aspects: on the one hand, strengthen the publicity of intellectual property protection laws through interviews, TV broadcasts, regular seminars, etc., especiallyRelatively extensive publicity and education on new intellectual property laws and regulations have been carried out. On the other hand, education on intellectual property laws and regulations has been incorporated into the national legal publicity and education work, and through strengthening public opinion supervision and news media publicity and reporting, some typical cases have been publicly exposed, with the intention of deterring crime and warning against violations. .
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