What are intellectual property rights?
Intellectual property rights, also known as "intellectual property rights", refer to the property rights of the owner of the fruits of his intellectual work.
What are intellectual property rights?
(1) Patent: the exclusive right of the inventor or the assignee of the invention to implement the specific invention within a certain period of time in accordance with the law.
(2) Trademark Right: the exclusive right granted by the competent trademark authority to the owner of a trademark to protect his registered trademark under the state law.
(3) Copyright: refers to the exclusive right enjoyed by the author of literary, artistic and scientific and technological works created by him.
(4) Other intellectual property rights: proprietary technology, new plant variety rights and exclusive rights to integrated circuit layout designs.
What is a patent?
The patent right is the right granted by law to the inventor or unit of the invention and creation of the results of the invention and creation of the right of exclusive possession, use and disposal, specifically divided into:
(1) invention: the product, method or its improvement of the new technical program.
(2) Utility model: a new technical program for the shape, structure or combination of products suitable for practical use.
(3) design: the shape of the product, the pattern or the combination thereof, as well as the combination of color and shape, pattern of the new design of aesthetic and suitable for industrial application.
1. The term of protection of a patent?
The term of patent protection for invention: 20 years
The term of patent protection for utility model: 10 years
The term of patent protection for design: 10 years
2. What are the conditions for granting a patent?
The inventions and utility models for which patents are granted shall possess novelty, inventiveness and utility.
3. Are inventions and creations accomplished in the course of work owned by the unit or by the individual?
The inventions and creations made in the course of performing the tasks of the organization or mainly utilizing the material and technical conditions of the organization are job-related inventions and creations. The right to apply for a patent for a functional invention belongs to the unit; after the application is approved, the unit is the patentee. However, the unit and the inventor or designer of the invention and creation of the unit's material and technological conditions, the unit and the inventor or designer of the contract, the right to apply for a patent and the attribution of the patent right to make an agreement, from its agreement.
4. After the patent is granted, can other people use it?
After a patent for invention and utility model is granted, except as otherwise provided by law, no unit or individual may implement the patent without the permission of the patentee, i.e., they may not manufacture, use, promise to sell, sell, or import the patented product for the purpose of production and business, or use the patented method, as well as the products directly obtained in accordance with the patented method, without the permission of the patentee.
After the design patent right is granted, any unit or individual without the permission of the patentee shall not implement its patent, that is, shall not for the purpose of production and management of manufacturing, promise to sell, sell, import its patented design products.
However, if the invention patent of a state-owned enterprise or institution is of great significance to the national interest or public **** interest, the relevant competent department of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, with the approval of the State Council, decide to popularize the application of the patent within the approved scope, and allow the designated unit to implement it, and the implementing unit shall pay the patentee royalties in accordance with the provisions of the State.
5. What behavior uses the patent but is not legally regarded as infringement of patent rights?
The Patent Law provides that one of the following circumstances, is not regarded as infringement of the patent:
(a) the patented product or in accordance with the patented method of direct access to the product, by the patentee or its licensed units, individuals sold, use, promise to sell, sale, import of the product;
(b) in the patent application before the date of the manufacture of the same products, use the same (b) the same product has been manufactured, the same method has been used, or the necessary preparations have been made for its manufacture and use, and continues to manufacture and use it only within the original scope;
(c) foreign means of transportation temporarily passing through China's territorial land, water and airspace, in accordance with the agreement signed between the country of which the means of transportation is a national and China, or an international treaty to which the country is a party, or in accordance with the principle of reciprocity, for the needs of the means of transportation itself to use the relevant patents in its devices and equipment
(d) the use of patents exclusively for the purpose of scientific research and experimentation;
(e) for the purpose of providing the information required for administrative approval, the manufacture, use and import of patented drugs or patented medical devices, as well as the manufacture and import of patented drugs or patented medical devices exclusively for the purpose thereof.
6. Patent infringement and its legal responsibility?
Patent infringement refers to the implementation of the patent without the permission of the patentee (i.e., manufacturing, using, selling, promising to sell, importing for the purpose of production and management of its patented products or products obtained directly in accordance with its patented method).
The patent infringer shall bear the legal responsibility including: stopping the infringement, public apology, compensation for damages.
What is a trademark right?
Trademark is a mark specially designed by someone and consciously placed on the surface of goods or their packaging in order to help people distinguish different goods. Trademark right refers to the trademark user in accordance with the law on the use of the trademark enjoys the exclusive right. By words, graphics, letters, numbers, three-dimensional signs, sound, color combination, or a combination of the above elements.
1. What can be applied for registration as a trademark?
Any visual sign that can distinguish the goods of a natural person, legal person or other organization from those of others, including words, graphics, letters, numerals, three-dimensional signs and color combinations, or combinations of the above elements, can be applied for registration as a trademark.
2. What are the words and graphics prohibited to be used as trademarks?
The following signs shall not be used as trademarks:
(1) the same or similar to the national name, national flag, national emblem, military flag and medals of the People's Republic of China, as well as the same as the name of a specific place where the central state organs are located or the name or figure of a landmark building;
(2) the same or similar to the national name, national flag, national emblem and military flag of a foreign country, provided that the country's name is the same as or similar to the name of a specific place where the central state organs are located or the name or figure of a landmark building; and (ii) The same or similar to the name, flag, coat of arms or military flag of a foreign country, unless the government of that country agrees;
(iii) The same or similar to the name, flag or coat of arms of an international intergovernmental organization, unless the organization agrees or unless it is not likely to mislead the public;
(iv) The same or similar to the official sign or seal of inspection which indicates the implementation of control or guarantee, unless authorized;
(v) The same or similar to the "Red Cross", "Red Cross" and "Red Cross"; (vi) The same or similar to the name of a specific place where a State organ is located or the name of a landmark building (v) The same or similar to the name or symbol of the Red Cross or Red Crescent;
(vi) Ethnically discriminatory;
(vii) Exaggerated and deceptive;
(viii) Detrimental to the morals and morals of socialism or otherwise objectionable to the public. socialist morality and decency or have other adverse effects.
The names of places in administrative divisions above the county level or foreign names known to the public shall not be used as trademarks. However, the names of places with other meanings or as a collective trademark, certification mark component except; already registered trademarks using the names of places continue to be valid.
3. What are the signs prohibited to be used as trademarks?
The following signs are not allowed to be registered as trademarks:
(1) only the common name of the goods, graphics, model number;
(2) only the quality of the goods, the main raw materials, functions, uses, weight, quantity and other characteristics of the goods are directly indicated;
(3) lack of distinctive features.
The signs listed in the preceding paragraph may be registered as trademarks if they have acquired distinctive features through use and are easily recognized.
4. In similar goods on the application for registration to imitate the unregistered well-known trademark can be registered?
Applications for registration of a trademark for the same or similar goods that reproduces, imitates or translates a well-known trademark of another person that has not been registered in China, and is likely to lead to confusion, shall not be registered and its use shall be prohibited.
If the trademark applied for registration in respect of non-identical or non-similar goods is a reproduction, imitation or translation of a well-known trademark already registered in China by another person, which misleads the public and causes the interests of the registrant of the well-known trademark to be jeopardized, the trademark shall be refused to be registered and its use shall be prohibited.
5. How to recognize a well-known trademark?
The following factors shall be taken into consideration in the determination of a well-known trademark:
(1) the degree of knowledge of the trademark by the relevant public;
(2) the duration of the use of the trademark;
(3) the duration, extent and geographical scope of any publicity efforts for the trademark;
(4) the record of protection of the trademark as a well-known trademark;
(5) the duration, extent and geographical scope of any publicity efforts for the trademark. >
(v) other factors in the well-knownness of the mark.
6. How long is a trademark valid?
The registered trademark is valid for ten years from the date of approval of registration, the owner may apply for renewal of registration within six months prior to the expiration of the period, each time the renewal of registration is valid for ten years, during this period fails to apply, can be given six months of grace period. If no application is filed after the expiration of the grace period, the registered trademark shall be canceled.
7. What behaviors are considered to be infringement of the exclusive right to use a trademark?
Any of the following acts is considered to be an infringement of the exclusive right to use a registered trademark:
(1) using the same or similar trademark on the same or similar goods without the permission of the trademark registrant;
(2) selling goods infringing on the exclusive right to use a registered trademark;
(3) counterfeiting, unauthorized manufacture of another person's registered mark or selling counterfeit or unauthorized manufacture of another person's registered mark; (4) using a trademark that is identical with the one used by the trademark owner; or (5) selling goods infringing on the exclusive right to use a registered mark. Marks or the sale of counterfeit, unauthorized manufacture of registered trademarks;
(d) without the consent of the trademark registrant, replacement of its registered trademark and the replacement of the trademark of the goods on the market again;
(e) to other people's exclusive right to use the registered trademark to cause other damage.
What is copyright?
Also known as copyright, it is categorized into copyright personality rights and copyright property rights.
(1) Personality Right: It refers to the author's right to gain honor, reputation and maintain the integrity of the work through the creation of a work that expresses his or her personal style in accordance with the law.
(2) Property right: is the author's right to material benefits for the use of his work by himself and by others.
1. Which works are copyrighted?
The Copyright Law stipulates that literary, artistic, and natural, social scientific, engineering and technical works created in the following forms are entitled to copyright:
(1) Written works;
(2) Oral works;
(3) Works of music, drama, opera, dance, and acrobatic art;
(4) Works of fine art and architecture;
(5) Works of art and architecture;
(6) Works of art and architecture;
(7) Works of art and architecture;
(8) Works of art and architecture;
(v) photographic works;
(vi) cinematographic works and works created by methods similar to those of film-making;
(vii) graphic works such as engineering design drawings, product design drawings, maps, schematic diagrams, and modeling works;
(viii) computer software;
(ix) other works stipulated by laws and administrative regulations.
However, the Copyright Law does not apply to the following three categories:
(i) laws and regulations, resolutions, decisions, orders and other documents of a legislative, administrative and judicial nature of state organs, and their official official translations;
(ii) current news;
(iii) calendars, general numerical lists, generalized tables and formulas.
2. Do I have to be published to enjoy copyright?
Works of Chinese citizens, legal persons or other organizations, whether published or not, are entitled to copyright in accordance with this Law.
3. What rights are included in copyright?
Copyright includes the following personal and property rights: the right of publication, the right of attribution, the right of modification, the right to protect the integrity of the work, the right of reproduction, the right of distribution, the right of rental, the right of exhibition, the right of performance, the right of projection, the right of broadcasting, the right of dissemination of information networks, the right of filming, the right of adaptation, the right of translation, the right of compilation, and other rights which should be enjoyed by the copyright holder.
4. Does copyright belong to the author?
Yes, the author is divided into two categories, one is the citizen who creates the work is the author; the other is the legal person or other organization hosted by the legal person or other organization, on behalf of the will of the legal person or other organization to create, and by the legal person or other organization to assume responsibility for the work, the legal person or other organization is regarded as the author.
In the absence of proof to the contrary, the citizen, legal person or other organization whose name appears on the work is the author.
5. Who owns the copyright of a work formed by adapting an existing work?
The copyright of a work formed by adapting, translating, annotating or organizing an existing work shall be enjoyed by the person who adapts, translates, annotates or organizes the work, provided that the exercise of the copyright does not infringe the copyright of the original work.
6. Who owns the copyright of a functional invention?
Works created by citizens for the purpose of fulfilling the work tasks of a legal person or other organization are works of duty, and the copyright belongs to the authors, but the legal person or other organization has the right to give priority to the use of such works within the scope of its business. Within two years of the completion of the work, the author may not, without the consent of the organization, permit a third person to use the work in the same way as the organization uses it. However, in the case of a work of duty in one of the following circumstances, the author shall enjoy the right of authorship, and the other rights of copyright shall be enjoyed by the legal person or other organization, which may grant the author a reward:
(1) engineering design drawings, product design drawings, maps, computer software, etc., which are mainly created by using the material and technical conditions of the legal person or other organization, and for which the legal person or other organization assumes responsibility
(ii) works of duty for which the laws, administrative regulations or contractual agreements stipulate that the copyright is to be enjoyed by the legal person or other organization.
7. How long is the period of copyright protection?
In the case of a citizen's work, the period of protection of the author's right of authorship, the right of modification and the right to protect the integrity of the work is not limited, while the period of protection of the other rights is for the lifetime of the author and for fifty years after his/her death, ending on December 31st of the fiftieth year after his/her death; in the case of a collaborative work, the period of protection is ending on December 31st of the fiftieth year after the death of the last author to die.
Works of legal persons or other organizations, and works of office whose copyright (except for the right of authorship) is enjoyed by a legal person or other organization, shall be protected for their rights for a period of fifty years, ending on December 31st of the fiftieth year after the first publication of the work; provided, however, that if the work has not been published for a period of fifty years from the date of completion of its creation, it shall no longer be protected by the law.
8. In what cases is the use of a copyrighted work not a violation of copyright?
The use of a work under the following circumstances may be made without the permission of the copyright owner and without payment of remuneration, but the name of the author and the title of the work shall be specified, and shall not infringe upon the other rights enjoyed by the copyright owner in accordance with this Law:
(1) the use of a published work of another person for the purpose of personal study, research, or enjoyment;
(2) the use of the work in the context of a work for the purpose of introducing, commenting on, or explaining a matter; or
(ii) to introduce, comment on or illustrate a certain work, to quote appropriately from another person's published work in the work;
(iii) for the purpose of reporting current news, to unavoidably reproduce or quote from the published work in newspapers, periodicals, radio stations, television stations and other media;
(iv) to publish in newspapers, periodicals, radio stations, television stations and other media, or to broadcast in other newspapers, periodicals, radio stations, (d) To publish or broadcast in newspapers, periodicals, radio stations, television stations and other media current affairs articles on political, economic and religious issues that have already been published by other newspapers, periodicals, radio stations, television stations and other media, unless the author declares that he/she does not want to publish or broadcast such articles;
(e) To publish or broadcast speeches made at public gatherings in newspapers, periodicals, radio stations, television stations and other media, unless the author declares that he/she does not want to publish or broadcast them;
(f) To translate or copy published works for the purpose of classroom teaching at schools or scientific research
(f) to translate or make a small copy of a published work for the use of teaching or scientific researchers, but not for publication or distribution;
(g) to use a published work within a reasonable scope by a state organ for the purpose of carrying out its official duties;
(h) to make a copy of a work in the collection of libraries, archives, memorials, museums, galleries, etc. for the purpose of display or preservation of the edition;
(i) to perform a published work free of charge; and p>(ix) Performing published works free of charge, which performance is not charged to the public or remunerated to the performer;
(x) Copying, painting, photographing, or videotaping works of art that are set up or displayed in outdoor public **** places;
(xi) Translating works in Chinese language script that have been published by Chinese citizens, legal persons, or other organizations into minority language works published and distributed in China;
(xii) to change the published works into Braille for publication.
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