World intellectual property day
April 26, 2023 is the 23rd world intellectual property right. Day
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Intellectual property day
Intellectual property rights
Intellectual property rights are the legal exclusive rights of citizens, legal persons or other organizations in the field of science and technology, or in the field of culture and art, to the intellectual results of creative work. The three most important types of intellectual property are copyright, patent and trademark rights. The english language of intellectual property rights is “intellectual property” and is also translated as intellectual property rights, intellectual property rights or intellectual property rights. Intellectual property rights include copyrights, patents, trademarks, etc。
Why protect intellectual property rights
Only timely and comprehensive protection of the intellectual achievements of the rights-holders and their legal rights can motivate people to engage in scientific and technological research and artistic creation, and promote the optimal allocation of social resources. At the same time, the protection of intellectual property rights (iprs) enhances the economic power of enterprises, and the exclusive nature of intellectual property rights (iprs) dictates that only with autonomous iprs can an enterprise be left undefeating in the market。
Main features of intellectual property rights
Exclusive: intellectual property is the exclusive right-holder
Geographicality: intellectual property rights granted by any state or area are protected within that state or region and not binding on other states or regions
Timing: intellectual property rights usually have a statutory period of protection, and once the protection expires, the right terminates itself
Classification of intellectual property rights in our country
Industrial property rights: patents, trademarks
Copyright: copyright, including computer software rights
Other intellectual property rights: new plant varieties, exclusive design of integrated circuit maps, commercial secrets, geographical indications (name of origin), olympic symbols, network domain names, and other intellectual property rights under laws and regulations
What are the intellectual property offences under criminal law
Crimes against trademarks: forgery of registered trademarks, sale of counterfeit registered trademarks, illicit manufacture, sale of illicitly manufactured registered trademarks
Offences against patents: forgery of patents
Offences against copyright: violation of copyright, sale of replicas
Offences against business secrets: offences against business secrets
Sweet tip:
Article 6 of the anti-improper competition act provides that an operator may not engage in the following acts of confusion which give rise to the erroneous belief that the goods of, or a particular connection with, another person:
(i) the unauthorized use of a trade name, packaging, decoration, etc., which has some influence over others
(ii) unauthorized use of enterprise names (including abbreviations, symbols, etc.), names of social organizations (including abbreviations, etc.), names (including pen names, stage names, translations, etc.)
(iii) unauthorized use of domain names, website names, web pages, etc. That have some influence on others
(iv) other confusing acts which may lead to the mistaken belief that they are the goods of or have a particular connection with another person。
Article 52 of the copyright act provides that civil liability for cessation of the violation, removal of effects, apology for damages and compensation for damages shall be incurred in the case of:
(i) the publication of his work without the permission of the author
(ii) the publication, without the permission of the author, of the work created in cooperation with others as part of his own work
(iii) has not participated in creation, signed on another person's work for the purpose of obtaining a personal name
(iv) the distortion or alteration of the work of others
(v) theft of another person's work
(vi) the use of works by means of exhibitions, audio-visual productions or by means of adaptations, translations, notes, etc., without the permission of the author, except as otherwise provided in this law
(vii) the use of the work of others, which shall be remunerated but not paid
(viii) the rental of originals or copies of audiovisual works, computer software, audio-visual products without the permission of the author, performer or producer of such works, except as otherwise provided in this law
(ix) designed without the permission of the publisher using the layout of the books and periodicals it publishes
(x) live or public transmission of a performance or recording thereof without the permission of the performer
(xi) other violations of copyright and rights relating to copyright。
