Basic knowledge of intellectual property rights

Copyright is a legal term used to express the rights enjoyed by the creator because of his literary and artistic works. Works involving copyright include: books, music, paintings, sculptures, movies, computer programs, databases, advertisements, maps and technical drawings.

Exclusive interest

A patent is an exclusive right granted to an invention. Generally speaking, patents give the patentee the right to decide whether others can use and how to use the invention. In exchange for this right, the patentee disclosed the technical information of the invention in the published patent documents.

Commercial standard

A trademark is a sign that distinguishes the goods or services of an enterprise from those of other enterprises. The origin of trademarks can be traced back to ancient times, when craftsmen often marked their products with their own signatures or "marks".

Industrial product appearance design

Industrial design refers to the decorative or aesthetic features of articles. A design can be a three-dimensional feature, such as the shape or appearance of an object, or a planar feature, such as a pattern, line or color.

geographical indication

Geographical indications and names of origin are the marks of commodities used in specific geographical origins, which have quality, reputation or characteristics mainly attributable to the origin. Most commonly, geographical indications include the name of the place of origin of goods.

business secret

Trade secrets are intellectual property rights about confidential information that can be sold or licensed. Unauthorized acquisition, use or disclosure of such secret information by others in violation of honest business practices is regarded as misconduct and violates the protection of business secrets.

Characteristics of intellectual property rights

1. Exclusive.

That is, exclusiveness or monopoly; Without the consent of the creditor or the law, no one except the creditor may enjoy or use this right. This shows that the exclusive right of the obligee is strictly protected by law and shall not be infringed upon by others. Only through legal procedures such as "compulsory license" and "expropriation" can the exclusive right of the obligee be changed.

2. regionality.

That is, it is only valid in the confirmation and protection zone; That is to say, unless an international convention or bilateral reciprocal agreement is signed, the rights protected by a country's laws will only take legal effect in that country. Therefore, intellectual property rights are both regional and international under certain conditions.

3. timeliness.

In other words, it is only protected for a specified period of time. In other words, the protection of various rights by law has a certain period of validity, and the length of the protection period can be the same or different. Only by participating in international agreements or making international applications can a certain right be uniformly protected.

What are the acts of infringing intellectual property rights?

1. Unauthorized use of identical or similar trademarks, special signs, patents, works and other creative achievements in production, operation, advertising, publicity and performance;

2. Forge or make identical or similar trademark marks and special marks without authorization, or sell forged or made trademark marks and special marks without authorization;

3. Use identical or similar trademarks, special marks, patents, works and other creative achievements in disguise;

4. Unauthorized use of identical or similar trademarks, special signs, patents, works and other creative achievements in the registration of enterprises, social organizations, institutions and private non-enterprise units and in the names of websites, domain names, buildings, structures and places;

5. Providing places, storage, transportation, mailing, concealment and other convenient conditions for infringement;

6. Other infringements in violation of relevant state laws and regulations.

Relevant laws and regulations on intellectual property protection

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"General Principles of Civil Law", Chapter 5, Section 3 "Intellectual Property"

Section 7 of Chapter III of the Specific Provisions of 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"

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Category of trademark right

Trademark law and its implementing regulations

The Supreme People's Court's Interpretation on the Jurisdiction and the Scope of Application of Law in the Trial of Trademark Cases

The Supreme People's Court's interpretation of some issues concerning the application of law in the trial of trademark civil disputes.

Provisions on the Recognition and Protection of Well-known Trademarks

Measures for the Administration of the Registration of Collective Trademarks and Certification Trademarks

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Patent category

Patent law and its implementing rules

Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Dispute Cases

Provisions of the Supreme People's Court on the Application of Laws to Stop Patent Infringement before Litigation.

National defense patent regulations

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Copyright category

Copyright law and its implementing regulations

The Supreme People's Court's interpretation of some issues concerning the application of law in the trial of copyright civil disputes.

The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Computer Network Copyright Disputes.

The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over Computer Network Domain Names.

Zhu Zuoquan Muscle Man Li

Regulations on the protection of computer software

Regulations on the protection of information network communication rights

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business secret

anti- unfair competition law

Several Provisions on Prohibition of Infringement of Trade Secrets

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Category of new plant variety right

Regulations on the Protection of New Plant Varieties and its Implementing Rules (Agriculture and Forestry)

The Supreme People's Court's explanation on several issues concerning the trial of disputes over new plant varieties

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Special symbol class

Regulations on the administration of special signs

Regulations on the protection of Olympic symbols

Regulations on the Protection of World Expo Symbols

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Geographical indication category

trademark act

Measures for the Administration of the Registration of Collective Trademarks and Certification Trademarks

Provisions on the protection of geographical indication products

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Exclusive right category of integrated circuit layout design

Regulations on the protection of layout design of integrated circuits and its implementing rules

Notice of the Supreme People's Court Municipality on the Trial of Integrated Circuit Layout Design Cases

Regulations on the protection of layout design of integrated circuits

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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