Definitions and categories of intellectual property rights
Projects and states
[intellectual property] is the legal exclusive right of a person to the fruits of his or her intellectual work, usually the exclusive or exclusive right granted by the state to the creator for a certain period of time. Intellectual property is essentially an intangible property right, the object of which is an intellectual product or an intellectual product, an intangible asset or a physicalless spiritual asset, and the labour created by creative intellectual labour。
In short, it refers to the exclusive and exclusive rights that creators enjoy for a period of time based on intellectual achievements. Its english name is “intellectual policy”, known daily as “ip”。
There are two common types of intellectual property: copyright (also known as copyright, literary property) and industrial property (also known as industrial property)。
(i) copyright
Copyright, also known as copyright, is 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 under the law. This includes mainly copyright and neighbouring rights related to copyright; usually we refer to intellectual property rights primarily as rights to computer software and the registration of works。
(ii) industrial property rights
Industrial property rights, in turn, refer to an intangible property right of practical economic significance in industry, commerce, agriculture, forestry and other industries, thus making the name "industrial property rights" more appropriate. This includes mainly patent and trademark rights。
However, the scope of intellectual property rights is broader, according to the types of laws and regulations concerned: copyright, patent rights, trademark rights, geographical indications, trade secrets, integrated circuit chart design, etc。
Legislative authority:
Article 123 of the civil code of the people's republic of china
Civil subjects enjoy intellectual property rights in accordance with the law。
Intellectual property rights are the exclusive rights of the right-holders under the law with respect to the following objects:
(i) works
(ii) inventation, practical novelty, appearance design
(iii) trademarks
(iv) geographical indications
(v) commercial secrets
(vi) integrated circuit layout design
(vii) new varieties of plants
(viii) other objects provided for by law。
Four main features of intellectual property
Four characteristics
1. Intangibility
Since the object of an intellectual property right is not a tangible substance, but an object of a non-material work, goodwill or invention, such as intellectual output or goodwill, it must depend on the existence of a certain material vehicle, so intangibleity can also be described as non-material。
General access to material carriers does not amount to the intellectual property rights they carry. In addition, the transfer of ownership of a material carrier does not amount to a simultaneous transfer of the intellectual property rights it carries; the infringement of ownership of a material carrier does not amount to a simultaneous infringement of the intellectual property rights it carries。
For example, we have purchased a book for a writer whose book can be divided into two categories:
1 the tangible material vehicle for publishing books - the object of property rights
2 text in published books — objects of copyright
When we purchase published books we acquire ownership rights, but we do not acquire copyright rights in published books, so they cannot be reproduced, distributed, etc. In private。
2. Geographicality
Intellectual property rights are protected by law only in the territory they acquire by law, unless specifically provided for in an explicit international treaty, bilateral or multilateral agreement。
This is because intellectual property is not only a legal right but also a product of the public policy of a state and must be imposed by law, in which the scope and content of the right are inextricably linked to the provisions of national law。
A simple understanding is that patent rights applied in china have legal effect only in china; when trademark rights are registered in the united states, the trademark rights only have legal effect in the united states。
3. Timing
Most intellectual property rights are protected for a limited period of time, and once the period of protection prescribed by law is exceeded, the rights will be terminated on their own, and the relevant intellectual achievements will be incorporated into the public domain as a public resource available to all。
In accordance with our national legislation, patent protection for inventions is 20 years; patent protection for visual design is 15 years; and patent protection for practical new types of patents and trademarks is 10 years, in which trademark rights may be renewed。
The period of protection of copyright (in the case of works of natural persons) is the life of the author plus 50 years; the period of protection of copyright (in the case of works of legal persons, audiovisual works) is 50 years after the first publication。
There is no time limit for commercial secrets, geographical indications, etc。
4. Exclusive
Exclusiveity means that intellectual property is exclusive to the subject of the right and that no person other than the owner of the right may own or use the exclusive right of intellectual property without the consent of the owner or as specifically provided by law, which would otherwise constitute a violation。
Role of intellectual property rights
Funaction
Intellectual property, like corresponding tangible property, is of value and useful and marketable. The use of intellectual property rights consists mainly of transfers, licences, pledges, etc。
In the context of our larger market for encouraging innovation, the intellectual property strategy has become an important component of the core competitiveness of enterprise development. At the same time, the establishment and implementation of an intellectual property management system by enterprises can also regulate business management, create a professional and efficient workforce and guard against business risks。
Zonta, professional, honest, fraternal
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