What are the objects of adjustment of the patent law, and the objects of adjustment of the intellect

The objects of adjustment of the intellectual property law mainly include the following aspects:

1.Patent system: The patent system is an important part of intellectual property law, which mainly involves the protection of rights and interests in technological innovations such as inventions, utility models and designs.

Patent rights are regulated by people or companies that use the patents of others without authorization.

2.Trademark system: The trademark system is an important legal tool for protecting the trademark rights and interests of enterprises and promoting market competition, which mainly involves the regulation of the registration, use and transfer of trademarks, and the protection of intellectual property rights of trademarks.

Trademark rights are adjusted to people or companies that use another person's trademark without authorization.

3.Copyright system: The copyright system is a legal tool for the protection of literary, artistic, scientific and other works of art, mainly involving the protection of the rights of copyright owners, including the registration, licensing, transfer and other acts of copyright.

Copyright is regulated by a person or company that uses another person's work without authorization.

4.Industrial design system: The Industrial Design Law provides for the examination, registration and protection of designs, mainly involving the protection of innovative designs such as the appearance and modeling of industrial products.

The object of adjustment of industrial design is the unauthorized copying and use of other people's industrial equipment.

In short, the adjustment object of the intellectual property law is mainly the unauthorized use of others' intellectual property rights or intellectual property rights disputes parties or related institutions, under the adjustment of the intellectual property law, it is necessary to protect the legitimate rights and interests of innovators, and promote technological innovation and the development of the intellectual property industry.

The main objects of adjustment of the intellectual property law are as follows: the ownership, exercise, management, protection and the resulting social relations of intellectual property rights, which are embodied in the relationship between the right holder and the competent authority, the relationship between the right holder, and the relationship between the right holder and the public.

[Legal basis].

Article 1 of the Copyright Law of the People's Republic of China is formulated in accordance with the Constitution in order to protect the copyrights of authors of literary, artistic and scientific works, as well as copyright-related rights and interests, to encourage the creation and dissemination of works that are beneficial to the construction of socialist spiritual and material civilization, and to promote the development and prosperity of socialist cultural and scientific undertakings. Article 1 of the Trademark Law of the People's Republic of China is hereby enacted in order to strengthen the management of trademarks, protect the exclusive right to use trademarks, urge producers and operators to ensure the quality of goods and services, maintain the reputation of trademarks, protect the interests of consumers and producers and operators, and promote the development of the socialist market economy. Article 1 of the Patent Law of the People's Republic of China is formulated in order to protect the legitimate rights and interests of patentees, encourage invention and creation, promote the application of inventions and creations, improve innovation capabilities, and promote scientific and technological progress and economic and social development.

The object of protection of a patent right is inventions, utility models, and designs. An invention is a new technical solution proposed for a product, a process or an improvement thereof; A utility model is a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product; A design is a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.

According to the provisions of the Patent Law, the invention and creation for which a patent right is granted include inventions, utility models and designs. Patents are not granted for scientific discoveries, rules and methods of intellectual activity, methods for diagnosing diseases, animal and plant varieties (patents may be granted in accordance with the provisions of the Patent Law for the production methods of animal and plant products), and substances obtained by atomic nuclear transformation methods. Under the provisions of the Agreement on Intellectual Property Rights Related to ** (hereinafter referred to as the TRIPS Agreement), Members may not grant patents on diagnostic, ** and surgical methods of human or animal bodies, as well as on plants or animals other than microorganisms, except for biological and microbiological processes, which produce plants or animals that are essentially biological processes, provided that Members provide for the protection of plant varieties by patents or by a sui generis effective system or by a combination thereof.

The provisions of China's Patent Law are in line with the minimum requirements for patent protection under the TRIPS Agreement. China's Patent Law does not grant patents for inventions and creations that violate national laws, social morality, or obstruct public interests. In this regard, the TRIPS Agreement also makes similar provisions.

Article 27.2 of the TRIPS Agreement provides: "Each Member may not grant patents for the invention of such inventions if the prevention of commercial exploitation of the invention in its territory is necessary for the maintenance of public order or morals, including the protection of human, animal or plant life or health, or the avoidance of serious damage to the environment, provided that such exploitation is not prohibited by its law." ”

The object of adjustment of the intellectual property law refers to the social relations regulated by the legal norms of intellectual property.

1. Social relations in the process of obtaining intellectual property rights.

The process of acquiring intellectual property rights is the process of obtaining exclusive rights for intellectual achievements. The social relations that occur in this process are related to whether intellectual property rights can be obtained in accordance with the law, and are the starting point and premise for the legal adjustment of intellectual property rights. This type of social relationship includes:

1) the relationship between the applicants; (2) the relationship between the administrative department and the applicant; (3) The relationship between the applicant and the public.

2. Social relations in the process of intellectual property utilization.

As an intangible property right, intellectual property rights can be used by right holders to realize their own material interests. At the same time, the state will also make compulsory use of intellectual property rights under certain conditions for the needs of public interests. The social relations that occur in the process of using intellectual property include:

1) The relationship between the right holder, the transferee and the licensee in the process of voluntary use of intellectual property rights; and (2) the relationship between the right holder and the user in the process of compulsory exploitation of intellectual property rights.

3. Social relations in the process of intellectual property protection.

Intellectual property is a civil right, and it is an intangible property right, which is more susceptible to infringement and is not easily detected if violated. Therefore, the social relations that occur in the process of intellectual property protection must be regulated by law. This type of social relationship includes:

1) the relationship that occurs in the context of administrative protection; and (2) the relationship that occurs in the course of judicial protection.

4. Social relations in the process of intellectual property management.

Compared with other civil rights, the administration of intellectual property rights is more prominent. The social relations that occur in the process of intellectual property management mainly refer to the relationship between the competent intellectual property department and the applicant and the right holder.

Article 10 of the Patent Law: Assignment of Patents;

Patent Law: Prohibiting others from exploiting it;

Article 12 of the Patent Law: Licensing others to exploit;

Article 17 of the Patent Law: Indication of patent mark;

Article 44 of the Patent Law: Waiver of Patents;

Article 46 of the Patent Law: declare the patent right partially invalid.

and the reexamination board declared invalid and partially invalidated to the court;

Article 51 of the Patent Law: Request for Compulsory License;

Article 58 of the Patent Law: Filing a lawsuit with the court if dissatisfied with the compulsory license decision;

Article 61 of the Patent Law: Request for issuance of a search report by a patentee of a utility model or design;

Article 67 of the Patent Law: Application to the court for evidence preservation;

Patents refer to inventions and creations, including inventions, utility models, and designs.

These three types of patents are the objects of protection under the Patent Law. Otherwise, they are not subject to protection under the Patent Law.

Designs are also known as industrial designs, or simply industrial designs. It refers to the new design of a product that is aesthetically pleasing and suitable for industrial use in relation to the shape, pattern, color or combination thereof. What are the objects of patent rights?

1. Inventions refer to the intellectual achievements of human beings in the process of using and transforming nature that have positive significance and are manifested in the form of technology. The invention should contain innovation and must make use of natural laws or natural phenomena. A creation that goes against the laws of nature is not an invention, and the laws of nature themselves are not inventions.

An invention is a specific technical solution, which means that the invention must be able to be implemented, achieve a certain effect and be repeatable. 2. Utility modelA utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination of shape and structure of a product. 3. DesignsDesigns are also known as industrial designs, or simply industrial designs.

It refers to the new design of a product that is aesthetically pleasing and suitable for industrial use in relation to the shape, pattern, color or combination thereof. The design must be based on the product, and those designs that are free from a specific product can at best be regarded as a pure work of art, which can be protected by the copyright law, but cannot be protected by the patent law as a design. Exterior design takes the shape, pattern and color of the product as the constituent elements, and aims at visual aesthetics, rather than pursuing practical functions.

The design must be suitable for industrial application, i.e. the design can be reproduced in large quantities by industrial means.