World intellectual property day, established by the world intellectual property organization on 26 april 2001, and the decision to designate 26 april as world intellectual property day each year, starting in 2001, is intended to create a worldwide awareness of respect for knowledge, science and the protection of intellectual property rights and to create a legal environment that encourages intellectual innovation. The theme of world intellectual property day 2023 was: women and intellectual property: accelerating innovation creation。
I. What are intellectual property rights
Broadly defined property rights include copyright or copyright rights, patent rights, trademark rights, rights related to the prevention of unfair competition, rights related to scientific discovery, etc. The academic community generally considers intellectual property rights to be the exclusive rights of rights-holders under the law to mark the results and reputations of their intellectual work。
Article 123, paragraph 2, of the civil code makes it clear that intellectual property is the exclusive right of the right-holder under the law with respect to the following objects: (i) works; (ii) inventions, practical novelty, appearance design; (iii) trademarks; (iv) geographical indications; (v) trade secrets; (vi) design of integrated circuits; (vii) new varieties of plants; and (viii) other objects provided for by law。
Intellectual property is an intangible property right which, like tangible property such as a home car, has value and utility value and is protected by national law。
What are the characteristics of intellectual property rights
• privilege: the intellectual property owner has the right to possess, use, receive and dispose of his or her intellectual property, and no person may enjoy or use his or her intellectual property without the consent of the holder。
• timeliness: intellectual property rights are protected by law only for a period of time and are no longer protected in the public sphere once the period of protection prescribed by law has expired, and are used free of charge without the consent of the owner. The relevant periods of protection under the legislation in force are 50 years of copyright, 20 years of patents on inventions, 10 years of functional new patents, 15 years of patents on visual design and 10 years of validity of trademarks。
• geographicality: since the types of rights and the degree of protection provided for in national intellectual property laws 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。
The importance of protecting intellectual property rights
1. The legal protection of the rights and interests of the human person in the accomplishment of intellectual achievements has mobilized the motivation and creativity of people in scientific and technological research and the creation of literary and artistic works。
2. Legal mechanisms are provided for the dissemination and dissemination of intellectual achievements, which translate into productivity and are applied to production, with significant economic and social benefits。
3. To provide legal norms for international economic trade in technology and cultural and artistic exchanges, and to promote the progress of human civilization and economic development。
4. The legal regime governing intellectual property rights, as an important component of modern civil and commercial law, is of great importance for the improvement of the chinese legal system and the establishment of a state governed by the rule of law。
Iv. What is a work
Article 3 of the copyright act provides that works are intellectual works that are original in the literary, artistic and scientific fields and can be presented in a certain form, including: (i) works of writing; (ii) works of oral writing; (iii) works of music, theatre, art, dance and acrobatic arts; (iv) works of fine arts, architecture; (v) works of photography; (vi) audiovisual works; (vii) works of engineering design, product design maps, maps, diagrams and models; (viii) computer software; and (ix) other intellectual works that fit the characteristics of the work。
V. What is a patent
The most basic meaning of the term “patent” is that of a patent granted by law. There are three types of patents protected by our patents act, namely, patents on inventions, on practical and new types of patents and on visual design。
• patents for invention are new technological options proposed for products, methods or improvements。
• practical new patents are new technology options that are suitable for use in the shape, construction or combination of products。
• appearance design patents are new designs with a sense of beauty and suitability for industrial applications in the shape, pattern or combination of the whole or part of the product, as well as colour and shape。
Vi. What is a trademark
Any marking that distinguishes the goods of a natural person, legal person or other organization from those of another person, including words, graphics, letters, numbers, three-dimensional symbols, colour combinations and sound, and a combination of the above-mentioned elements, may be registered as trademarks。
Article 3 of our trademarks act provides that registered trademarks include trademarks of goods, service trademarks and collective trademarks, and the identification of trademarks. Where a collective trademark is registered in the name of a group, association or other organization for use by members of that organization in a commercial activity to indicate the user's membership in that organization; where a trademark is evidenced is a symbol controlled by an organization that has supervisory power over a commodity or service and used by an unit or individual outside that organization in connection with its goods or services to prove the origin, raw material, method of manufacture, quality or other specified quality of the commodity or service. The trademark registrant has the right to exclusive use of the trademark and is protected by law。
How can intellectual property be acquired
Copyright is subject to the principle of automatic protection and copyright registration is also available upon completion of work. Patents and trademarks require applications。
What are the limitations of intellectual property protection
Intellectual property rights protect the creativity and innovation of citizens and legal persons, but are also subject to certain restrictions. In certain statutory situations, non-ipr rights holders may use works or patents. For example, cases of personal study, research or appreciation, performance free of charge, and proper reference to the presentation of the work are reasonable uses of the work, which may not be paid without the permission of the author, but the author's name and the name of the work should be indicated. In addition, our legislation clearly defines areas that do not fall under intellectual property protection:
• protection from copyright: (i) laws, regulations, decisions, orders and other documents of the state organs of a legislative, administrative or judicial nature, as well as their official translations; (ii) mere factual information; (iii) calendars, tabulations, common forms and formulae。
• protection from patent rights: (i) scientific discovery; (ii) rules and methods of intellectual activity; (iii) diagnosis and treatment of diseases; (iv) animal and plant varieties; (v) atomic nuclear conversion methods and materials obtained by atomic nuclear conversion methods; (vi) primary marking designs for graphic print patterns, colours or a combination of both。
• not to be registered as a trademark: (i) only the common name, graphics, model of the commodity; (ii) only those which directly indicate the quality, principal raw material, function, use, weight, quantity and other characteristics of the commodity; and (iii) other that lack significant characteristics。
