The current situation of China s intellectual property management and protection strategies

Updated on Financial 2024-05-18
2 answers
  1. Anonymous users2024-02-10

    Legal analysis: 1. According to the connection and difference between intellectual property rights and other (general) civil rights, the object of intellectual property rights is civil rights with original ideas as the core and attached to the carrier expression, including trademarks, patents, and copyright rights (copyrights).

    1) Reproducibility lies in the repeated value characteristics of intellectual property rights on the carrier;

    2) Territoriality stems from the special regulations of each sovereign country or region on intellectual property rights within its jurisdiction;

    3) Temporality arises from the time validity restrictions of intellectual property rights under the jurisdiction of each sovereign state or region.

    4. Intellectual property rights themselves integrate the property source rights and personal rights (personality rights and identity rights) of the right holder, so there are differences between property rights and personal rights simply compared with property rights and personal rights.

    5. The difference between intellectual property rights and ownership is mainly that the possession, use, income and disposal of ownership rights are more exclusive, which can be completed by the will of the owner of the ownership rights, and the ownership is an absolute right, with the characteristics of exclusivity and permanence, while intellectual property rights need the protection of laws and legal procedures to complete; And when there is a conflict of rights between the two, the intellectual property rights must be transferred to the ownership. :

    Legal basis: Several Provisions of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Patent Dispute Cases Article 5 A lawsuit arising from patent infringement shall be under the jurisdiction of the people's court at the place where the infringement occurred or where the defendant is domiciled.

    The place of infringement includes: the place where the manufacture, use, offer to sell, sale, import and other acts of the alleged product infringing the patent right of invention or utility model are implemented; the place where the use of the patented process is carried out, and the place where the use, offer to sell, sell, import and other acts of the product directly obtained in accordance with the patented process are implemented; the place where the manufacturing, offering to sell, sell, import and other acts of the patented design product are carried out; The place where the act of passing off another person's patent is committed. The place where the infringement result of the above-mentioned infringement occurred.

  2. Anonymous users2024-02-09

    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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