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Intellectual property law
The habit of saying “intellectual property law” does not mean that there exists in our country a law called the intellectual property law of the people's republic of china. Indeed, what we often refer to as “intellectual property law” is merely a concept of a legal discipline or a synonym of a series of legal norms of intellectual property rights, including copyright law, trademark law, patent law, and related statutes, regulations, etc。
“intellectual property” derived from legal provisions
Intellectual property rights (iprs) are a period of social development in which the state, in order to stimulate public policy needs, such as innovation and the advancement of science and technology, has made it mandatory by law to establish various types of intellectual achievements as the legal rights of creators. Thus, the recognition and protection of intellectual activity of people can only be determined by national intellectual property laws。
What does intellectual property include
Intellectual property includes both traditional and new types of intellectual property. Traditional intellectual property rights can be broadly divided into copyrights (copyrights), patent rights (patents), trademarks rights (trademarks), where patent rights and trademarks are also collectively referred to as industrial property rights; new types of intellectual property rights include rights to integrated circuit charting, new varieties of plants, geographical indications and commercial secrets. As science, technology, innovation and social development accelerate, the expansion of the extension types of intellectual property rights will become wider and faster。
Intellectual property protection
Intellectual property rights are protected by non-material objects such as intellectual achievements and goodwill. The concept of “non-material” is more alien to most people, and the following case may help to understand “non-material”: zhao chiu traveled back to south america and wrote a book about "swaming in south america", so that "the intellectual achievements of zhao chiu" are the content of the book "swaming in south america". It is assumed that swiming south america was published and sold empty. Thus, ownership of the books published in south america has been attributed to the purchaser, but the right to travel in south america remains vested in only one person. If one of the readers had stolen one of the books, the theft had violated the reader's ownership rights, but had not violated zhao's copyright rights, which were not protected by the copyright act; but if the person who stole the book also placed it on a tourist website without permission, it would have constituted a violation of zhao's copyright rights, since the copyright act protected what was written in the travel to south america book, which could not be reproduced without his consent。
Intellectual property rights to be “expressed” in tangible form
The objects of intellectual property protection, such as “intellectual achievements, goodwill”, are themselves invisible, so they must be “expressed” in tangible form, and only “fixed” in physical form can they be the subject of intellectual property law protection。
Intellectual property rights
The specificity of iprs is that in most cases they must be public. For example, a technology that has been invented and successfully patented can only be economically beneficial to the patentee if it is used and sold, and the better the product is sold, the better the patentee benefits. However, the greater the market for products, the greater the risk that the patent would be “exposed” to the more people it would be, the greater the risk of being “piracy”. If the law does not give the patentee “exclusive title” to the patent in a timely manner and no legal consequences are attached to the misappropriation of the patent, the economic rights and interests of the patentee cannot be guaranteed once the technology is used at will by other products。
Whether copyrights, patents or trademarks, their core rights are thus “not permitted to be used by others without the consent of the right holder”, protecting the proprietary interests of the intellectual property through the force of law。
Geographical limitations of intellectual property rights
Since the types of rights and the degree of protection provided for in national intellectual property law vary (e. G. Odour trademarks recognized by countries such as the united states cannot be registered as trademarks in our country), the intellectual property rights of a state cannot be automatically protected in another state unless special provisions of international treaties, bilateral or multilateral agreements exist。
Different types of intellectual property rights are acquired in different ways
Under the relevant legal provisions in force in our country, copyrights are “acquired upon completion of the author's creation”, patent rights are “effective from the date of their award and proclamation by the patent office” and trademark rights are “acquired by registration approved by the trademark office”. Because of international practice, the same applies to different types of intellectual property rights, which are subject to different geographical limitations。
Most intellectual property rights are subject to time limits
Intellectual property rights cease to be protected in the public domain once they have exceeded the legal period of protection, and people can use the works, technologies, etc. Free of charge without the consent of the owner. The relevant periods of protection under the legislation in force in our country are, inter alia, 50 years of copyright, 20 years of patent for inventions, 10 years of patent for practical new types of patents and visual designs, and 10 years of validity for trademarks. In the case of personal rights (author's right to sign, etc.), non-intellectual activities or non-public information (commercial secrets, etc.), the period of protection is not limited。
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