Essay Question: What are the aspects of conflict over intellectual property rights? How to adjust?

Legal analysis: The conflict of intellectual property rights is generally manifested in the following aspects: (1) the conflict between the same kind of mindfulness rights, that is, the phenomenon that the same kind of intellectual property rights are enjoyed by multiple subjects under a single law of intellectual property rights on the same subject matter, such as the conflict between patent rights and patent rights, trademark rights and trademark rights, and copyrights and copyrights.

2) Conflicts between different rights. That is, a conflict between multiple rights that are regulated and protected by different separate laws on the same intellectual property subject matter. (3) Conflicts between domestic and foreign intellectual property rights.

Due to the inconsistencies in the procedures, content and standards of intellectual property rights arising under domestic law and intellectual property rights arising under international law, there may be conflicts between domestic intellectual property rights and foreign intellectual property rights.

Legal basis: Juchang:

Trademark Law of the People's Republic of China Article 32 The application for trademark annotation shall not infringe upon the existing prior rights of others, nor shall it preemptively register a trademark that has been used by others and has a certain influence by improper means.

Manifestations of intellectual property conflicts, as follows:

1. Conflict between the same right, that is, the phenomenon of the same type of intellectual property arising from the same object according to a separate law of intellectual property rights, such as patent rights and patent rights, trademark rights and trademark rights;

2. Conflict between different rights. That is, the conflict between multiple rights of the same intellectual property object that are regulated and protected by different separate intellectual property laws;

3. Conflict between domestic intellectual property rights and foreign intellectual property rights.

The Trademark Law of the People's Republic of China stipulates that an application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it preemptively register a trademark that has been used by others and has a certain influence by improper means.

1. Is a patent considered a copyright and what are the regulations?

Patents are not copyrights. Patent right refers to the right enjoyed by the inventor and creator in accordance with the law to inventions, utility models and designs with novelty, inventiveness and practicality, while copyright refers to the personal rights and property rights enjoyed by the author of intellectual achievements in the fields of literature, art and science that are original and can be expressed in a certain form.

Copyright is not a patent for the following reasons:

1. Copyright, like trademark right, belongs to intellectual property rights, which is different from patent rights;

2. The objects of copyright and patent protection are not exactly the same, and the ways of obtaining rights are also different;

3. The object of copyright protection is the work, that is, the author enjoys copyright according to the work;

4. And once the work is generated, the author enjoys the copyright, and the author does not need to apply.

2. Whether trade secrets are intellectual property rights.

Trade secrets are intellectual property rights.

Trade secrets fall within the scope of intellectual property rights, but trade secrets have their own particularities compared with general intellectual property rights (trademark rights, patent rights, copyrights). In general, the subject of intellectual property obligations is not specific, and the object of its rights orientation is any person (within the efficiency of legal space), which has the effect against a third party, and has exclusivity, exclusivity, exclusivity, exclusivity, absoluteness, and ownership. On the other hand, a trade secret is a right that arises by "taking confidentiality measures" within the scope of certain persons, and this right has no function against bona fide third parties outside the scope of specific persons.

As long as it is not by improper means, a third party may use trade secrets obtained in good faith. The specific differences are as follows:

1. Different from patent rights, patents are not allowed to be repeatedly developed, and within the spatial effect of the law, any third party other than the parties to the license contract, no matter what means is used to obtain the same solution as the patent, cannot be implemented for business purposes;

2. Different from trademark rights, for registered trademarks, within the space effect of the law, any third party other than the parties to the licensing contract has no right to use them;

3. Unlike copyright, only the property right part of it can be used against any third party other than the party to the license contract.

The possession of trade secrets refers to the actual control and management of trade secrets by the right holder. The actual control and management of trade secrets by the right holder is the premise for trade secrets to bring competitive advantages. Such control and management includes the adoption of reasonable confidentiality measures to prevent improper access, disclosure and use by others.

One is that two or more intellectual property rights are based on the same subject matter;

Second, multiple intellectual property rights generated by the same subject matter belong to different subjects - if they belong to the same subject, it is an overlapping of rights, not a conflict of rights;

Third, the creation of all rights has a legal basis - otherwise it is not a conflict of rights, but a relationship between infringement and knowledge. Article 8 of the Copyright Law provides that the copyright owner and the copyright-related right holder may authorize the copyright collective management organization to exercise copyright or copyright-related rights.

After being authorized, a collective copyright management organization may claim rights in its own name for copyright holders and rights holders related to copyright hunger, and may conduct litigation and arbitration activities involving copyright or copyright-related rights as a party.

Copyright collective management organizations are non-profit organizations, and their establishment, rights and obligations, collection and distribution of copyright license fees, as well as their supervision and management shall be separately stipulated.

3) The principle of balance of rights. As a regulator of social interests, the law should take into account the interests of many social consumers. The principle of balancing interests.

From the perspective of law and economics, both the law and the rights protected by the law are effective.

Legal basis: Article 9 of the Trademark Law of the People's Republic of China A trademark applied for registration shall have distinctive features, be easy to identify, and shall not conflict with the prior legal rights of others. The trademark registrant has the right to mark the "registered trademark" or the registered mark.

Conflict of intellectual property rights refers to the coexistence of two or more contradictory or conflicting rights derived from the same intellectual property object in accordance with the law.

1. Is intellectual property infringement a crime?

2. The objective aspect of the crime of infringing intellectual property rights is manifested in the perpetrator's violation of the state's administrative regulations on the protection of intellectual property rights, infringing on the rights and economic interests of the intellectual property owner without the permission of the intellectual property owner, seeking illegal benefits, the circumstances are serious or the amount is relatively large, or causing major losses.

3. The subject of the crime of infringing intellectual property rights is an ordinary subject, which can be either a natural person or an entity.

4. The subjective aspect of the crime of infringing intellectual property rights is intentional, and most of the crimes are committed for the purpose of obtaining illegal benefits.

2. Can copyright** be used as a trademark?

Copyright** may not be used as a trademark. Copyright registration is conducive to ensuring the stability of trademark rights and preventing the loss of rights caused by only registering trademarks. When the designer of the trademark and the registrant of the trademark are the same person, legally speaking, there will be no conflict of rights, but if the two are not the same person, or if the two are the same person but cannot be proven, the conflict of rights will arise, in which case, the registration of the trademark is likely to be affected.

3. What are the contents of intellectual property rights?

Intellectual property rights include the following:

1. Patent rights. Patent right is the right granted to the inventor or unit to monopolize, use and dispose of the results of the invention or creation in accordance with the law.

2. Trademark rights. Trademark right refers to the exclusive right enjoyed by the trademark user in accordance with the law.

4. Other intellectual property objects.

Article 123 of the Civil Code stipulates that civil subjects enjoy intellectual property rights in accordance with the law.

a) the work; 2) Inventions, 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.

Article 9 of the Trademark Law stipulates that a commercial imitation with a trademark applied for registration shall have distinctive features that are easy to identify, and shall not conflict with the prior legal rights of others. The trademark registrant has the right to indicate the registered trademark or the registered mark Hu Lu Ji.