The content of the WIPO copyright treaty

The principle of automatic protection of conditions. According to Article 3.1 of the Universal Copyright Convention, protected works may be automatically protected in other member states of the Convention as long as they have a certain form, without having to go through any formalities such as registration. The Convention refers to a certain formality, which means that there must be three internal objects marked on the copyright page of the work:

The first is the copyright indication ("c" for written works, "r" or "c" for recordings); The second is the year of first publication; The third is the name of the copyright owner. This provision is in fact the product of a compromise between the Berne Convention and the Pan American Copyright Convention.

2) The term of protection of copyright. The Convention only provides for the basic elements of the protection of the economic rights of authors, and does not mention the protection of the moral rights of authors, so that the term of protection of copyright only concerns economic rights. According to the Convention, the term of protection of copyright shall generally not be less than the lifetime of the author plus 25 years after his death or 25 years after the publication of the work; The term of protection for photographic works and works of applied art shall not be less than l0 years.

3) The principle of non-retrospectiveness. Article 7 of the Convention states: "This Convention shall not apply to works or rights in works that have entered into the public domain in perpetuity in a Member State when the Convention enters into force for that State."

This article is the opposite of Article 18.1 of the Berne Convention. As to whether a work is protected, the Universal Copyright Convention does not look at the status of the work in the ** country, but at its status in the protected country.

4) Relationship with the Berne Convention. The Universal Copyright Convention was created in a sense to achieve a certain degree of balance and harmonization between the Berne Convention and the Pan American Copyright Convention. The two conventions are similar or even identical in many respects, but there are also significant differences between them.

There are many international treaties on intellectual property rights, including the Paris Convention for the Protection of Industrial Property Rights, the Berne Convention for the Protection of Literary and Artistic Works, and the Copyright Treaty of the World Intellectual Property Organization.

Trademark Law of the People's Republic of China

Article 34 The international registration of a trademark under Article 21 of the Trademark Law refers to the international registration of a Madrid trademark in accordance with the provisions of the Madrid Agreement Concerning the International Registration of Marks (hereinafter referred to as the Madrid Agreement), the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (hereinafter referred to as the Madrid Protocol) and the Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocols Relating to that Agreement.

Madrid applications for international trademark registration include applications for international trademark registration with China as the country of origin, applications for territorial extension designating China, and other related applications.

What is the IP litigation process like?

1. The parties file a lawsuit with the court and submit a lawsuit at the same time, and the body of the lawsuit should state the request, the facts and reasons for the lawsuit.

1) Information on the qualifications of the subject. If an individual is the plaintiff, the original and photocopy of the ID card, household register, passport, marriage certificate and other evidence must be submitted; If the enterprise is the plaintiff, a copy of the business license, business registration certificate and other materials must be submitted.

2) Evidence to prove the litigation claim. Such as agreements, contracts, creditor's rights documents, correspondence, etc.

3. The parties submit documentary evidence to the court and a list of evidence in duplicate. After the evidence is verified by the court, the undertaker signs and seals the list, one for the record, and one for the parties.

4. The parties must complete the relevant formalities and submit all the evidence and materials, and within 7 days, if they meet the conditions for case filing, they shall go through the case filing procedures; If it does not meet the requirements, it will not be accepted.

5. The parties shall pay the case acceptance fee and other related litigation fees in advance within 7 days after receiving the notice of acceptance.

6. After the case filing procedures are handled, the court will begin to schedule**, and the parties shall obey the various work arrangements of the court, and refund the litigation costs after the case is concluded.

7. If you are not satisfied with the judgment of the first instance, you can appeal to the higher court within 15 days.

Including patent rights, trademark rights, trade secrets, copyrights (copyrights), source markings, prohibition of unfair competition, trade names, other wisdom into the royal fruit, names of origin, new varieties of plants, etc.

Intellectual property rights in a broad sense include the right to educate in the following subject matter: literary, artistic and scientific works, performances by performing artists, and phonograms and radio programmes, inventions in all fields of mankind, scientific discoveries, industrial designs, trademarks, service marks, and trade names and signs, in order to regulate all rights in the cultivation of the fruits of intellectual activity in the industrial, scientific, literary and artistic fields.

The scope of intellectual property rights as defined in the WIPO Convention is described below:

a.Rights in literary, artistic and scientific works.

b.On the right to scientific discovery.

c.On the right to equal pay for equal work.

d.Rights on dividend earnings.

e.Rights in relation to industrial designs.

Answer]: a, b, e.

Legal analysis: The scope of intellectual property protection is to eliminate the fibrillary: copyright and related rights, patent rights, industrial copyrights, trademark rights, trade name rights, the right to mark the place of origin, the right to trade secrets, and various rights to oppose and stop unfair competition.

Intellectual property rights are "a general term for rights arising in accordance with the law based on creative achievements and industrial and commercial marks". The three main types of intellectual property rights are copyrights, patents and trademarks, of which patent rights and trademark rights are also collectively referred to as industrial property rights. It is also translated as intellectual achievement rights, intellectual property rights, or intellectual property rights.

Intellectual property rights refer to the right to possess, use, dispose of, and benefit from the fruits of intellectual labor. Intellectual property is a kind of property right without a vertical shirt, including personal rights and property rights, also known as moral rights and economic rights. Like tangible property such as houses and cars, it is protected by the laws of the country and has value and use value.

Intellectual property rights are the exclusive rights to the fruits of intellectual labor created by human beings in the practice of society.

With the development of science and technology, in order to better protect the interests of property owners, the intellectual property system came into being and has been continuously improved. Nowadays, there is an increasing number of infringements of intellectual property rights, such as patent rights, copyrights, and trademark rights.

Legal basis: Article 123 of the Civil Code of the People's Republic of China Civil subjects enjoy intellectual property rights in accordance with law. Intellectual property rights are the exclusive rights enjoyed by the right holder in accordance with the law in respect of the following subject matter:

a) the work; 2) Ranming, utility models, and designs;

c) trademarks; 4) geographical indications;

5) Trade secrets;

6) Layout design of integrated circuits;

vii) new plant varieties;

8) Other subject matter provided for by law.

It refers to the international signing of bilateral or multilateral treaties to achieve international protection of intellectual property rights in order to solve the problem that intellectual property rights such as patents, trademarks, and copyrights obtained in accordance with the domestic laws of a country are only protected in the territory of that country and cannot have legal effect in other countries, so as to promote the international exchange of technology and knowledge. The most important international treaty on industrial property, such as patents and trademarks, is the Paris Convention for the Protection of Industrial Property, signed on March 20, 1883, to which 92 member states are now parties (as of March 15, 1983). At present, 13 treaties or agreements on industrial property have entered into force, with the Paris Convention as the center.

1891), Madrid Agreement Concerning the International Registration of Marks

1891), Hague Agreement Concerning the International Deposit of Industrial Designs

1925), Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks

1957), Lisbon Agreement for the Protection of Appellations of Origin and their International Registration

1958), the Locarno Agreement Establishing an International Classification for Industrial Designs

1968), Patent Cooperation Treaty

1970), Agreement on the International Patent Classification

1971), Trade Marks Registration Treaty

1973), International Convention for the Protection of New Varieties of Plants

1961), Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

1886), the Universal Copyright Convention

1952), International Convention for the Protection of Performers, Phonograms and Broadcasting Organizations

1961), Convention for the Protection of Phonographic Firegators against Unauthorized Copying of Their Phonograms

1971), Convention on Program-Carrying Signals Transmitted by Satellites

1974) and the Madrid Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties (see International Protection of Copyright). With the exception of the Universal Copyright Convention, which is administered by UNESCO, the World Intellectual Property Organization (WIPO) is administered or participated in. The World Intellectual Property Organization (WIPO) is an inter-governmental organization established in accordance with the Convention signed in Stockholm in 1967 (which entered into force in 1970) and became one of the specialized agencies of the United Nations in December 1974.

The purpose of the organization is to promote the protection of intellectual property throughout the world through cooperation between States and, where appropriate, with other international organizations. Guarantee administrative cooperation among the various IP unions.

The World Intellectual Property Organization (WIPO) is headquartered in Geneva. As at 15 March 1983, there were 101 member States. China** deposited its instrument of accession on 3 March 1980, which entered into force on 3 June 1980.