What does intellectual property include
Intellectual property rights include: industrial property rights and copyright (called copyright in our country), a total of two parts .
Copyright (copyright) does not require registration or copyright marking can be protected, while patents, trademarks, and properties need to be registered or marked with copyright.
Industrial property rights
Invention patents, trademarks and industrial designs constitute industrial property rights. Industrial property rights include patents, trademarks, service marks, manufacturer names, names of origin, suppression of unfair competition, new plant variety rights and exclusive rights to integrated circuit layout designs, etc.Main types:
1. Trademark right refers to theThe trademark authority shall grant the trademark owner the exclusive right to protect its registered trademark under national law in accordance with the law. A trademark is a commercial sign used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional signs, color combinations, or a combination of the above elements. Symbols that are identical or familiar to the country, government, or international organizations, have ethnic discrimination, affect social morality, or are administrative divisions and place names above the county level cannot be registered as trademarks. The acquisition of trademark rights in my country must go through the trademark registration procedures, and the first-to-file principle is implemented. Trademark is an identification mark in industrial activities, so the role of trademark rights is mainly to maintain order in industrial activities, which is different from the role of patent rights, which is mainly to promote the development of industries.
2. Patent rights and patent protection refer to one When an invention-creation submits a patent application to the National Patent Office, and after passing the examination in accordance with the law, the patent applicant is granted the exclusive right to the invention-creation within a specified period of time. According to my country's patent law, there are three types of inventions, namely inventions, utility models and designs. After invention and utility model patents are granted patent rights, the patentee has exclusive rights to the invention and creation. No unit or individual may exploit the patent without the permission of the patentee, that is, they may not manufacture, use, or use the patent for production and business purposes. Promise to sell, sell and import its patented products. After the design patent right is granted, no unit or individual may implement the patent without the permission of the patentee, that is, they may not manufacture, sell or import the patented products for production and business purposes. Exploiting the patent without the permission of the patentee will infringe upon the patent right. If a dispute arises, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may sue the People's Court or request management. The department handles patent work.
Of course, there are exceptions to non-infringement, such as first Rights of use and use for scientific research purposes, etc. Patent protection adopts a protection model of "two channels, parallel operations, and judicial protection" of judicial and administrative law enforcement. Administrative protection in this region adopts the form of patent enforcement in the form of roving enforcement and joint enforcement, concentrating efforts and focusing on intensifying the crackdown on group infringement, repeated infringement and other phenomena that seriously disrupt the patent legal environment. Patent rights cannot be granted for scientific discoveries, rules and methods of intellectual activity, methods of diagnosis and treatment of diseases, animal and plant varieties, and substances obtained by nuclear transformation methods.
3. Trade name rights. That is, the manufacturer's name right is a right to use one's registered trade name (manufacturer name, company name) without interference from others. An enterprise's trademark right cannot be equated with an individual's name right (a type of personality right).
In addition, such as name of origin, proprietary technology, Anti-unfair competition is also stipulated in the Paris Convention, but names of origin are not intellectual achievements. Know-how and unfair competition can only be protected by anti-unfair competition laws and are generally not included in the scope of intellectual property rights.
Copyright (copyright)
Natural sciences, social sciences and literature, music, drama, painting, sculpture, photography and Works in cinematography and other aspects constitute copyright. Copyright is the legally stipulated right for a certain unit or individual to print, publish and sell a certain work. Anyone who wants to copy, translate, adapt or perform must obtain the permission of the copyright owner, otherwise it will be an infringement of the rights of others. Behavior. The essence of intellectual property rights is to treat human intellectual achievements as property. Copyright is a civil right enjoyed by original authors of literary, artistic, scientific and technological works in accordance with the law.
Copyright: In our country, when copyright is used in a broad sense, Including (in a narrow sense) copyright, copyright related rights, computer software copyright, etc., which fall within the scope of the Copyright Law. This is the exclusive right of the copyright owner to exclusively exploit the work (work). Copyright in the narrow sense is further divided into the right to publish, the right to sign, the right to modify, the right to protect the integrity of the work, the right to use and the right to receive remuneration (Article 10 of the Copyright Law). Copyright is divided into personal rights and property rights. Copyright, patent rights, and trademark rights sometimes overlap, which is a characteristic of intellectual property rights.
Copyright:
1: Copyright arises from the date of completion of the creation of the work.
2: Also called copyright. Divided into moral rights and property rights. Among them, the connotation of moral rights of works includes the right of publicity, the right of name expression, and the right to prohibit others from using the work in a distorted or altered manner to damage the reputation of the author.
3: Have the following rights
(1) Right of publication, that is, the right to decide whether the work will be made public;
(2) Right of signature, that is, the right to indicate the identity of the author and sign the work;
(3) Right of modification, that is, the right to modify or authorize others to modify the work;
(4) The right to protect the integrity of the work, that is, the right to protect the work from distortion or tampering;
(5) Right of reproduction, that is, the right to make one or more copies of the work by printing, copying, rubbing, recording, videotaping, ripping, or photocopying;
(6) Distribution rights, that is, providing works to the public by selling or donating them Right to original or copy;
(7) Rental Rights, that is, the right to license others to temporarily use film works and works created with similar filmmaking methods, and computer software for a fee, except that computer software is not the main subject of rental;
(8) Exhibition rights, that is, the right to publicly display originals or copies of art works and photographic works;
(9) Performance rights, that is, the public performance of works and the use of various The right to publicly broadcast the performance of the work by any means;
( 10) Screening rights, that is, the right to publicly reproduce art, photography, movies, and works created with methods similar to filmmaking through projectors, slide projectors and other technical equipment;
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