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Legal analysis: 1. Patent protection 2. Trademark protection 3. Copyright protection.
Legal basis: Article 23 of the Copyright Law of the People's Republic of China The term of protection of the right of publication and the rights provided for in subparagraphs (5) to (17) of the first paragraph of Article 10 of this Law shall be the life of the author and 50 years after his death, ending on December 31 of the 50th year after the author's death; In the case of collaborative works, by December 31 of the fiftieth year after the death of the last deceased author.
The term of protection of the publication right of the works and copyrights (except the right of authorship) enjoyed by legal persons or unincorporated organizations is 50 years, ending on December 31 of the fiftieth year after the completion of the creation of the work; The term of protection of the rights provided for in Items 5 to 17 of Paragraph 1 of Article 10 of this Law shall be 50 years, ending on December 31 of the 50th year after the first publication of the work, but if the work has not been published within 50 years after the completion of the creation, this Law shall no longer protect it.
In the case of audiovisual works, the term of protection of the right of publication is 50 years, ending on December 31 of the fiftieth year after the completion of the creation of the work; The term of protection of the rights provided for in Items 5 to 17 of Paragraph 1 of Article 10 of this Law shall be 50 years, ending on December 31 of the 50th year after the first publication of the work, but if the work has not been published within 50 years after the completion of the creation, this Law shall no longer protect it.
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Enterprises are the main creators and users of intellectual property, and they are also the main force in the protection of intellectual property. Chinese enterprises and entrepreneurs have the obligation and responsibility to consciously assume the historical responsibility of enhancing their ability to innovate independently and strengthening the protection of intellectual property rights.
1. Enhance awareness of intellectual property protection. Abide by the relevant international conventions and laws and regulations of our country on the protection of intellectual property rights, follow the prevailing international rules, and abide by the contracts and commitments related to the protection of intellectual property rights between enterprises. It not only respects the intellectual property rights of others, but also pays attention to the protection of one's own intellectual property rights.
Through full cooperation with the international community, we will win the honor and dignity of Chinese enterprises and entrepreneurs.
2. Improve the independent innovation mechanism of enterprises and actively carry out independent innovation activities. Only by vigorously developing key technologies and core technologies with independent intellectual property rights, and having more independent intellectual property rights in the field where the enterprise is located, can we get rid of the weak status controlled by others, can we have economic competitiveness, and can we enjoy respected international influence. To this end, we must speed up the formulation of enterprise intellectual property strategies, based on independent innovation while learning from others, and improve the ability of enterprises to create, use and protect intellectual property rights.
3. In daily production and business activities, act strictly in accordance with the law. not infringe the intellectual property rights of others; Do not misappropriate the patented technology of others; Do not manufacture, use, sell, or disseminate counterfeit products; Do not misappropriate or imitate others' trademarks, product logos and designs.
4. Resolutely fight against illegal acts that infringe on the intellectual property rights of others, actively report illegal acts involving intellectual property rights, and actively cooperate with the best to do a good job in curbing, investigating and cracking down on illegal acts of intellectual property rights.
5. Actively participate in social activities to publicize and protect intellectual property rights, and work together with all sectors of society for the healthy development of intellectual property rights. Conscientiously fulfill the social responsibilities related to the Intellectual Property Oak Bureau, enhance the awareness of intellectual property protection in the whole society, and contribute to the development of China's intellectual property protection.
Article 123 of the Civil Code of the People's Republic of China provides that civil entities enjoy intellectual property rights in accordance with 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.
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1. Register trademarks and apply for patents in a timely manner, and obtain the exclusive right to use trademarks and patent rights.
2. Actively handle the filing of intellectual property rights by the Customs, participate in the opposition or dispute procedures in the trademark and patent examination process, and make full use of the various means of protection provided by the law.
3. Implement the brand strategy, improve the construction of enterprise patent and trademark management system, and establish an effective talent incentive mechanism.
Legal basis: Trademark Law of the People's Republic of China Article 3 Trademarks registered with the approval of the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law.
Article 12 of the Patent Law of the People's Republic of China Where any unit or individual grants another person's patent, it shall enter into a license contract with the patentee and pay the patentee royalties. The licensee has no right to allow any entity or individual other than those specified in the contract to exploit the patent.
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Legal Analysis: The law and the state's measures to protect intellectual property rights include strengthening the punishment of intellectual property infringement cases and further strengthening the review mechanism for the intellectual property chain. Continuously improve and improve the national intellectual property legal system, and create a legal environment that respects and protects intellectual property rights.
Strengthen the protection and punishment of intellectual property rights, and severely crack down on all kinds of acts that infringe on intellectual property rights in accordance with the law. Establish a special review mechanism for intellectual property rights in major economic activities to avoid the loss of independent intellectual property rights. Prevent the monopoly of enterprises and realize the power of intellectual property rights, that is, the power of science and technology.
Shed loss. Legal basis
Intellectual Property Law of the People's Republic of China Article 1 This Law is enacted 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 intellectual culture and scientific undertakings.
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