Are electronic signatures for intellectual property legally valid?

In 2008, the State Intellectual Property Office issued the Strategic Outline, taking "intellectual property intermediary services" as one of the key points of future development strategy, and clarifying the strategic goal of building China into a country with a high level of intellectual property creation, application, protection and management by 2020. The year 2008 also marked a new beginning in the development of the IP service industry. Historically, it can be seen that policies have played an important catalytic role in the development of intellectual property service institutions.

In the past two years, relevant policies have continued to be implemented, and a number of policies have been introduced to increase support and encourage vigorous development of the intellectual property industry. In 2016, the division of labor plan will be deployed in the "Several Opinions on Accelerating the Construction of Intellectual Property Power in the New Situation" to promote the reform of intellectual property management system and mechanism, implement strict intellectual property protection, promote the creation and application of intellectual property rights, strengthen the overseas layout of intellectual property rights in key industries and risk prevention and control, improve the level of foreign cooperation of intellectual property rights, strengthen policy guarantees, and other 6 key tasks, a total of 106 specific work measures in 28 aspects. The lead sector and the participating sector were defined for each work measure.

In 2017, the market size of China's online copyright industry reached 636.5 billion yuan, an increase from 2016. Among them, the scale of user payment in the online copyright industry reached 318.4 billion, accounting for more than 50%.

According to the definition of copyright industry by the World Intellectual Property Organization (WIPO), the core copyright industry of the Internet is defined as an industry that relies on copyright protection and relies on network technology and applications to fully engage in the creation, production and manufacture, performance, dissemination and exhibition, distribution and sale of content products.

As the copyright market enters the stage of high-quality competition, the industry urgently needs to innovate business models and develop the user-paid market, which depends on continuous copyright content protection and a good copyright competition order. China's online copyright industry has stood at a new historical starting point of 600 billion yuan, and in the foreseeable future, China will be able to move from a copyright country to a copyright power, by deeply cultivating high-quality content, protecting the original spirit, and respecting creative talents.

A series of data shows that the protection of intellectual property rights on the Internet is imperative, and the first intellectual property protection solutions will be provided in the form of Internet services in the future, among which "electronic signatures" will continue to escort the protection of intellectual property rights as an indispensable part of the whole process online.

At the same time, it provides a reliable signing process from real-name authentication, willingness authentication, signature, certificate storage and other links, and the evidence is uploaded to the chain in real time, eliminating the cost of platform customers to prove their innocence, and also providing users with assured signing services.

If it is filed with the Industrial and Commercial Bureau, it has certain legal benefits.

Legal analysis: Electronic signatures have legal effect, and the parties may agree to use or not use electronic signatures or data messages in contracts or other documents, documents and other documents in civil activities. In civil activities, the parties may agree to use electronic signatures or data messages in contracts or other documents, documents, and other documents.

Where the parties agree to use electronic signatures or data messages, their legal effect must not be denied solely because they are in the form of electronic signatures or data messages.

Legal basis: Article 3 of the Law of the People's Republic of China on Electronic Signatures of the People's Republic of China Article 3 The parties may agree to use electronic signatures or data messages in contracts or other documents, documents and other documents in civil activities. Where the parties agree to use electronic signatures or data messages, the legal effect of an instrument must not be denied solely because it is in the form of an electronic signature or a data message.

The provisions of the preceding paragraph do not apply to the following documents: (1) involving personal relationships such as marriage, adoption, or inheritance; (2) Involving the cessation of public utility services such as water supply, heat supply, and gas supply; (3) Other circumstances where electronic documents are not applicable as provided for by laws and administrative regulations.

Electronic signatures have the force of law. However, the electronic signature shall be exclusive to the electronic signer and have the same legal effect as the handwritten signature or seal. An electronic signature refers to a signature that uses digital technology to determine the true identity of the signatory.

[Legal basis].Article 13 of the Electronic Signature Law of the People's Republic of China.

An electronic signature is considered a reliable electronic signature if it meets the following conditions at the same time:

1) When the data for the creation of electronic signatures is used for electronic signatures, it is the exclusive property of the electronic signatory;

2) At the time of signing, the electronic signature creation data is controlled only by the electronic signer;

3) any alteration of the electronic signature after signing can be detected;

iv)that any changes to the content and form of the data message after signature can be detected.

Parties may also choose to use electronic signatures that meet the reliable conditions they have agreed upon.

Article 14. A reliable electronic signature has the same legal effect as a handwritten signature or seal.

According to the provisions of the BAI Electronic Signature Law, "the real identity of the signatory entity is locked, and the document DAO is effectively prevented."

tampering, accurate back record of the time of the contract".

A signature is a legally valid electronic signature, and a reliable electronic signature has the same legal effect as a handwritten signature or seal. See Articles 13 and 14 of the Electronic Signatures Act. Recommend a reliable third-party platform certified by the Ministry of Public Security.

According to the Electron.

Signature BAI Act.

duding, reliable electronic signature

It has the same legal effect as a handwritten signature or stamp.

Article 13 of the Electronic Signature Law provides that an electronic signature shall be deemed to be a reliable electronic signature if it meets the following conditions at the same time:

1) When the data for the creation of electronic signatures is used for electronic signatures, it is the exclusive property of the electronic signatory;

2) At the time of signing, the electronic signature creation data is controlled only by the electronic signer;

3) any alteration of the electronic signature after signing can be detected;

iv)that any changes to the content and form of the data message after signature can be detected.

An electronic apolysignature is legally binding. System.

A reliable electronic signature can only be called a reliable electronic signature if it complies with the four provisions of the Electronic Signature Law on reliable electronic signatures, which are much higher than ordinary electronic signatures in terms of reliability, security and effectiveness. The linksign electronic contract signing platform is secure, effective and tamper-proof.

Here's how to make an electronic signature with PS:

1. On a blank piece of paper, write down your signature and use your camera to take a digital photo, as shown below

2. Open it in PS.

3. Select -- Color Range -- Select Black -- Parameter 200, as shown in the following figure:

4. After confirming, copy-paste, the text will be taken out, and after removing the background, as shown below:

5. Save it in png format, so it can be applied in other images, as shown in the following figure:

Stipulating that there is no justice, it has no legal effect, and it needs to be fair and stamped to be effective, otherwise it is possible to take your responsibility for anything if you copy and paste it casually.

Electronic Contracts.

Fu is a form of contract recognized by the Contract Law. However, since the BAI sub-contract is based on data messages

The carrier involves a series of technical standards, the core and most important of which is the electronic signature technology. The electronic signature mentioned here is a string of data or **, which uses the technical means of digital certificate to determine the true identity of the signer. According to national law, only electronic contracts concluded with reliable electronic signatures are legally valid.

The Electronic Signature Law defines a reliable electronic signature as follows, and an electronic signature is deemed to be a reliable electronic signature if it meets the following conditions at the same time:

1) When the data for the creation of electronic signatures is used for electronic signatures, it is the exclusive property of the electronic signatory;

2) At the time of signing, the electronic signature creation data is controlled only by the electronic signer;

3) any alteration of the electronic signature after signing can be detected;

iv)that any changes to the content and form of the data message after signature can be detected.

Therefore, in order to ensure the reliability of electronic signatures, it is best for users to sign contracts on a third-party platform with strong technical insurance, and use digital signature technology with tamper-proof, identifiable identity and signing time to sign contracts, so as to ensure the reliability of contract electronic signatures and the security of contract signing.

Signature generally refers to a person handwriting his or her name or leaving a mark, seal or other special symbol on a document to determine the identity of the signatory and to confirm that the signatory recognizes the content of the document. The traditional signature must be attached to a certain tangible medium, while in the process of electronic transactions, the file is formed through the sending, exchange, transmission and storage of data messages, and there is no tangible medium, which requires a technical means to identify the parties to the transaction and ensure the security of the transaction, so as to achieve the same function as the traditional handwritten signature. This kind of technical means that can achieve the same function as a handwritten signature is generally called an electronic signature.

1. An electronic signature is data that appears in electronic form.

2. An electronic signature is attached to a data message. An electronic signature may be an integral part of a data message or an accessory to a data message, which has a certain logical relationship with the data message and can make the data message associated with the electronic signature.

3. The electronic signature must be able to identify the signatory and indicate that the signatory approves of the content of the data message associated with the electronic signature.

2. According to the Electronic Signature Law, the parties agree to use an electronic signature of a document, and its legal effect shall not be denied solely because it adopts the form of an electronic signature, and a reliable electronic signature has the same legal effect as a handwritten signature or seal, and in the case of the lawful use of an electronic signature, its effect is mainly manifested in the following aspects:

1. Once a party to an e-commerce transaction signs an electronic signature in a lawful manner, it shall not deny that it is the sender of the electronic data, and if the data message is a legal document, he is the signatory of the legal document.

2. The legal signature of an electronic signature means that the signatory acknowledges and confirms the electronic content of the data, and if the data message constitutes a legal document, he may not deny his recognition and confirmation of the content of the legal document on the grounds of electronic signature.

3. A data message signed by electronic signature shall be regarded as an original, even if it changes in transmission or in the service of the system, and if the data message constitutes a legal document, it shall not only be regarded as an original between the parties, but also may be submitted to the trial or arbitration institution as original evidence.

4. Electronic signatures can fully meet the requirements of the law for the written signature form of legal acts, and the use of electronic legal acts will not be denied due to the validity of the electronic signature itself, and when the offer signed with an electronic signature promises to comply with the basic rules of the Contract Law, the signing of the electronic signature can determine the time and place of the formation and entry into force of the contract. ‍‍

Electronic signature of the electronic BAI contract, DU

It is not a digital image of a handwritten signature, but a DAO refers to the data contained in electronic form in a data message through asymmetric encryption and block chain technology, which is attached to identify the signer and indicate that the signer recognizes the contents.

There are four elements of a legally binding electronic contract:

1. True identity (when the electronic signature production data is used for electronic signature, it belongs to the electronic signer) 2. True will (the electronic signature production data is only controlled by the electronic signer at the time of signing) 3. The signature has not been changed (any changes to the electronic signature after signing can be discovered) 4. The original text has not been changed (any changes to the content and form of the data message after signing can be discovered) The deed box is based on the concept of "building integrity and connecting society", integrating and applying blockchain, digital certificates, artificial intelligence, smart contracts and other technologies. It provides an Internet platform for individuals, enterprises and non-enterprise units to provide safe, efficient and intelligent digital asset management.

The traditional way of recording credit information will be completely revolutionized, and the information data with contractual relationships will become more and more electronic, and the "deed box" will record, store and manage these important digital assets for you.