What are some things you must know about intellectual property?

Intellectual property rights include patent rights, trademark rights, trade secrets, copyrights (copyrights), source markings, suppression of unfair competition, trade names, other intellectual achievements, appellations of origin, and new plant varieties.

Intellectual property rights are the exclusive rights to the fruits of intellectual labor created by human beings in the practice of society. With the development of science and technology, in order to better protect the interests of property owners, the intellectual property system came into being and has been continuously improved. Nowadays, there is an increasing number of infringements of intellectual property rights, such as patent rights, copyrights, and trademark rights.

The first half of the 17th century gave rise to the modern patent system; One hundred years later, the "patent specification" system was created; More than 100 years later, starting from the needs of the courts in dealing with infringement disputes, the "claims" system was born. In the 21st century, intellectual property is closely related to human life, full of intellectual property, and we can see its important role in business competition.

Intellectual property rights, also known as "intellectual property rights", refer to "the property rights enjoyed by the right holder to the results of his intellectual labor", which are generally only valid for a limited time. Intellectual creations of all kinds, such as inventions, designs, literary and artistic works, as well as signs, names, and images used in commerce, can be considered intellectual property owned by a person or organization. According to Professor Mark Lemley of Stanford Law School, the widespread use of the term "intellectual property" came into existence after the establishment of the World Intellectual Property Organization in 1967.

Patents, trademarks, and industrial designs constitute industrial property rights. Industrial property rights include patents, trademarks, service marks, trade names, appellations of origin, as well as rights to new plant varieties and exclusive rights to layout designs of integrated circuits. On April 24, 2017, the Supreme People's Court issued the Outline for the Judicial Protection of Intellectual Property Rights in China for the first time

Judging from the current legislative status in China, intellectual property law is only a disciplinary concept, not a specific enactment. The intellectual property legal system is mainly composed of several laws, administrative regulations or rules, judicial interpretations, and relevant international treaties such as the Copyright Law, the Patent Law, the Trademark Law, and the Anti-Unfair Competition Law.

Definition of trademark right: A trademark is a mark that is specially designed and consciously placed on the surface of goods or their packaging in order to help people distinguish different goods. Trademark right refers to the exclusive right enjoyed by the trademark user in accordance with the law.

Definition of copyright: Copyright, also known as copyright, is the exclusive right enjoyed by citizens, legal persons or unincorporated units in accordance with the law to their own literary, artistic, natural science, engineering and other works.

Copyright (copyright) can be protected without registration or marking, while patents, trademarks, and property need to be registered or marked with copyright.

Only inventors have the right to apply for patents. The patent belongs to the inventor. No one else has the right to apply.

In addition to understanding and being aware of the relevant intellectual property laws and regulations, citizens should also take practical actions to respect and protect intellectual property rights. Learn the relevant intellectual property laws and regulations, so that you can know what is the infringement of intellectual property rights, for example: counterfeiting a brand is a trademark infringement, copying someone else's technology is a patent infringement, plagiarizing someone else's work is a copyright infringement, etc.

In addition, after knowing what infringement is, we should also take practical actions to respect and protect intellectual property rights, such as: do not buy A goods, refuse imitations of various luxury brands; Products that do not infringe on the patent rights of others.

Frequently Asked Questions, Do you mean common disputes?

Generally, there are ownership disputes, tort disputes, contract disputes, and administrative disputes.

Common problems of intellectual property rights include ownership disputes, infringement disputes, contract disputes, and administrative disputes. Ownership disputes refer to disputes between the parties concerned over the ownership of things or property, while tort disputes refer to disputes arising from infringement of the legitimate civil rights and interests of others, such as infringement of property rights, personal rights, intellectual property rights, inheritance rights and even creditor's rights.

Contract disputes refer to all disputes between the parties to the contract arising from the validity, interpretation, performance, modification, termination and other acts of the contract after the contract is signed. Contract disputes can be handled through negotiation, mediation, arbitration, civil litigation, etc. Administrative disputes refer to disputes that arise between administrative organs and their managed counterparts, including citizens, legal persons, and other organizations, in the course of administrative management.

The characteristics of intellectual property can be summarized as follows:

1. Intangible property rights;

2. Confirmation or grant must be directly provided for by national special legislation;

3. Duality: It has the nature of a certain personal right and includes the content of property rights. However, trademark rights are an exception, which only protects property rights, not personal rights;

5. Regionality: The intellectual property rights recognized and protected by the laws of a certain country only have legal effect in the territory of that country;

6. Timeliness: The law stipulates a certain period of protection for the protection of intellectual property rights, and intellectual property rights are only valid within the statutory period.

Article 12 of the Copyright Law of the People's Republic of China The natural person, legal person or unincorporated organization that signs the work is the author, and the corresponding rights exist in the work, unless there is proof to the contrary.

Authors and other copyright owners may register their works with a registration authority designated by the competent national copyright authority.

The provisions of the preceding two paragraphs shall apply to the rights related to copyright by reference.

Intellectual property rights refer to the exclusive rights enjoyed by citizens, legal persons or other organizations in the fields of science, literature and art on the basis of intellectual achievements created and supplemented by intellectual work. Intellectual property rights include industrial property rights and copyrights, while industrial property rights include patents, trademarks, service marks, producer names, appellations of origin, restrictions on unfair competition, etc.

What are the characteristics of intellectual property?

As a new type of civil law, intellectual property is a legal right, the scope of which is prescribed by law and cannot be agreed upon by contract. It is also an intangible property right other than ownership. The creation, exercise and protection of intellectual property rights are the basic principles and systems of civil law.

Intellectual property rights have a legal term of protection. After the expiration of the validity period, the right will be terminated or deleted at its own discretion. The relevant intellectual achievements will become the common wealth of the whole society, and anyone can use them freely.

What should be paid attention to in the protection of intellectual property rights?

Intellectual property rights refer to the exclusive rights enjoyed by citizens, legal persons or other organizations in the fields of science, literature and art on the basis of intellectual achievements created and supplemented by intellectual work. Intellectual property rights include industrial property rights and copyrights, while industrial property rights include patents, trademarks, service marks, producer names, appellations of origin, restrictions on unfair competition, etc. Intellectual property often includes copyright, trademark, and patent law.

In addition, it also includes brand names, domain names, non-patented technologies, technical secrets, trade secrets, new varieties of animals and plants, integrated circuit layout designs, etc. It is also included in the field of intellectual property protection.

Why is it so important to protect intellectual property?

The intellectual property protection system is dedicated to the protection of the debtor's intellectual achievements in the scientific, technological and cultural fields. Only by protecting the debtor's intellectual achievements and legitimate rights and interests in a timely and comprehensive manner can people's creativity be mobilized, the enterprise can be identifiable, and the competitiveness of the enterprise can be improved. The protection of intellectual property rights can bring huge economic benefits to enterprises and enhance their economic strength.

The particularity of intellectual property rights means that enterprises can only be invincible in the market if they have independent intellectual property rights. More and more companies are becoming aware of the enormous role of intangible assets as technology, brands, and trade secrets. <>

The first thing to know is that intellectual property includes patents, trademarks, and copyrights。A patent is a patent granted to the inventor or the inventor to the exclusive right to use, use and dispose of the results of the invention-creation. A trademark is a sign that is specifically designed and consciously placed on the surface of a product or its packaging to help people distinguish between different goods.

Trademark right refers to the exclusive right enjoyed by the trademark user in accordance with the law. Copyright, also known as copyright, is the exclusive right enjoyed by citizens, legal persons or unincorporated units in accordance with the law on their own literary, artistic, natural science, engineering and other works, and the patent is the invention and creation achievement of the State Intellectual Property Office in accordance with the provisions of the Patent Law, after acceptance and examination, and meets the authorization conditions.

Second, it is necessary to understand that intellectual property rights are the exclusive rights of citizens, legal persons or other organizations to own, use, dispose of and benefit from the fruits of their intellectual labor in accordance with the law. It is a property right protected by the laws of the country and cannot be infringed upon by anyone. It can be bought, sold, gifted, and used like tangible property such as houses and cars, and has value and use value.

Some significant patents or works are worth much more than tangible property.

If it involves microbial preservation, etc., relevant supporting documents must also be provided at the time of application. Design patent documents include a request, a ** or ** of the design, and a brief description. According to Article 59 of the Patent Law, the scope of protection of a patent for invention or utility model shall be subject to the content of the claims, and the contents of the claims may be explained in the description and drawings.

In addition, it is important to know that China is transforming from a big country in the introduction of intellectual property rights to a big country in the creation of intellectual property rights, and the work of intellectual property rights is shifting from the pursuit of quantity to the improvement of quality. It is necessary to have a clear understanding of the situation and tasks of China's intellectual property protection work, summarize the results, find out the shortcomings, and raise awareness of the importance of intellectual property protection work. It provides a strong guarantee for promoting high-quality development.

Patents, copyrights, trademarks, inventions, and designs are all intellectual property rights.

At present, intellectual property rights are protected by the state. If anyone violates it, they will go to jail, not just a matter of compensation.

Intellectual property rights are very important to us, and now the state is vigorously protecting them.

Patent right is the exclusive right of the patentee to use his invention and creation, and patent infringement refers to the illegal act of implementing a valid patent protected by law for the purpose of production and operation without the permission of the patentee. Patent infringement has the following characteristics:1

The object of infringement is a valid patent. Patent infringement must be premised on the existence of a valid patent, and for disputes over the use of the invention after the publication of the invention patent application and before the grant of the patent right without paying the appropriate fee, the patentee shall, after the patent right is granted, request mediation by the department in charge of patent work, or directly file a lawsuit with the people's court. 2.

There must be an infringement, i.e., the perpetrator has objectively committed an act of infringing on the patent of another person. And for the purpose of production and operation. The implementation of non-production and business purposes does not constitute infringement.

3.It violates the provisions of the law, that is, the actor's act of exploiting the patent is without the permission of the patentee and has no legal basis. Legal basis:

Article 60 of the Patent Law of the People's Republic of China provides that if the patentee exploits its patent without the permission of the patentee, that is, infringes its patent right, and a dispute arises, the parties shall settle it through negotiation; If the patentee is unwilling to negotiate or fails to reach an agreement, the patentee or interested party may file a lawsuit with the people's court, or may request the department in charge of patent work to handle the matter. If the department in charge of patent affairs finds that the infringement is established, it may order the infringer to immediately stop the infringement, and if the party concerned is not satisfied, it may file a lawsuit with the people's court in accordance with the Administrative Litigation Law of the People's Republic of China within 15 days from the date of receipt of the notice of disposition; If the infringer does not sue and does not stop the infringement after the expiration of the time limit, the department in charge of patent affairs may apply to the people's court for compulsory enforcement. At the request of the parties, the department responsible for the administration of patent work may mediate the amount of compensation for patent infringement; If mediation fails, the parties may file a lawsuit with the people's court in accordance with the Civil Procedure Law of the People's Republic of China.

What is Intellectual Property? Intellectual property rights are divided into trademarks, patents, and copyrights.

Definition: Intellectual property rights refer to "the exclusive rights enjoyed by the right holder to the fruits of intellectual labor created by the right holder", which are generally only valid for a limited period of time. Intellectual creations of all kinds, such as inventions, literary and artistic works, as well as signs, names, images and designs used in commerce, may be considered intellectual property owned by a person or organization.

Contents: Trademark rights, copyrights (including software copyrights), patent rights, trade secrets, etc.

2. The object is the creation of human intelligence, which belongs to the "right of intellectual achievement". It refers to the rights enjoyed in accordance with the law by engaging in all intellectual activities in the fields of science, technology, culture, and art.

3. The object is the result of man's creative intellectual labour, which is an intangible or incorporeal property, which is the direct product of man's intellectual activity (the activity of the brain).

4. Territorial and temporal, the territoriality of intellectual property rights means that in addition to signing international conventions or bilateral and multilateral agreements, the rights obtained under the laws of a country can only be valid within the territory of that country and are protected by the laws of that country; The temporality of intellectual property rights refers to the fact that the laws of various countries stipulate a certain period of time for intellectual property rights, after which the rights are automatically terminated.

5. Legality: refers to the fact that the generation, type, content and acquisition method of intellectual property rights are directly stipulated by law, and the parties are not allowed to create them freely.