World intellectual property day
World intellectual property day was established by the world intellectual property organization on 26 april 2001 and it was decided to designate 26 april of each year as world intellectual property day, starting in 2001, with the aim of creating a worldwide awareness of respect for knowledge, science and intellectual property protection, as well as a legal environment that encourages intellectual innovation。
On the occasion of the 20-year victory of the convergence party, we welcome the 14th national intellectual property awareness week, and the 22nd international intellectual property awareness day, the theme of which this year's national advocacy week is the opening of a new journey to build the intellectual property power. Next, let's learn about intellectual property。
I. Intellectual property fundamentals
01 what is intellectual property rights
Intellectual property rights are the legal exclusive rights of persons with respect to the results of their intellectual work, usually the exclusive or exclusive rights granted by the state to creators for a certain period of time. Intellectual property rights are the legal exclusive rights of persons with respect to the results of their intellectual work. Often, the right of exclusive or exclusive ownership of the intellectual output of the eligible creator for a certain period of time is granted under national law. Intellectual property is essentially an intangible property right. Its object, whether intellectual or intellectual, is the product of creative intellectual labour, in short, “value creation with knowledge”。
What are the types of iprs
There are two main types of iprs. One is copyright and the other is industrial property。
Copyright, literary title. It refers to the general title of the property and moral rights enjoyed by natural or legal persons or other organizations in respect of literary, artistic and scientific works in accordance with the law. Copyright rights are often described as rights to computer software and the registration of works。
Industrial property rights are an intangible property right of practical economic significance in industries such as industry, commerce, agriculture, forestry and so forth, and include mainly patent and trademark rights。
What are the characteristics of iprs 03
Intellectual property is an intangible asset as an incentive to knowledge creation, and intellectual property has three fundamental characteristics: exclusiveness, territoriality and temporality。
01
Exclusive
Exclusive, or exclusive, monopolistic, meaning that no person other than the holder of the right may enjoy or use that right except with the consent of the holder or in accordance with the law. That is to say, the exclusive rights of rights-holders are strictly protected by law from violation by others. Only legal procedures such as “compulsory permits” and “expropriation” can alter the exclusive rights of rights holders, which, in general terms, can only be used by themselves and by others, who generally negotiate with me。
02
Locality
Effective within the areas identified and protected. That is, except in the case of an international convention or bilateral reciprocity agreement, a right protected by the law of a state produces legal effects only within that state. In short, where money is collected, it is protected。
03
Timeliness
The duration of protection is not identical in national laws, and a single period of protection for a particular right is available only when an international agreement or application is made. In other words, intellectual property rights also have “conservation periods”。
Patent fundamentals
The concept of patent 01
(1) patent is an invention protected by the law. It refers to a patent application to the state approving authority for an invention, which is granted to the patent applicant for a specified period of time after being legally qualified。
(2) patent rights are exclusive and exclusive. In order for a non-proprietary person to use the patented technology of another person, the consent or licence of the patentee is required by law。
Type of patent 02
(1) patent of inventions: new technology options proposed for products, methods or improvements
(2) practical new patents: the shape, construction or combination of the product's new technological options suitable for practical use
(3) appearance design patents: new design for the shape, pattern or combination of the product and the combination of colours and shapes and patterns that are aesthetic and suitable for industrial applications
Duration of patent protection
The duration of patent protection is granted after the patent has been granted. China's patent law provides that:
The duration of patenting an invention is 20 years
(b) the duration of patenting the appearance of design is fifteen years
(a) the duration of the practical new patent is ten years
From the date of application。
04 patent application approval process
Under the patent act, the procedure for approving patent applications for inventions includes five stages: admission, first instance, publication, factual review and authorization. Patent applications for new practical or visual design are approved without early publication and substantive review, with only three stages of processing, first instance and authorization。
