Intellectual property refers to the exclusive rights enjoyed by citizens or legal persons in intellectual creation or innovation activities according to law, also known as "intellectual achievement right" and "intangible property right", which mainly includes industrial property rights composed of invention patents, trademarks and industrial designs, natural sciences, social sciences, literature, music, drama, painting, sculpture, photography and cinematography.
Intellectual property has three characteristics: ① exclusiveness. Without the consent of the creditor or the law, no one except the creditor may enjoy or use this right. This shows that the exclusive right of the obligee is strictly protected from infringement by others. Only through legal procedures such as "compulsory license" and "expropriation" can the exclusive right of the obligee be changed. ② regionality. That is to say, unless an international convention or bilateral reciprocal agreement is signed, the rights protected by a country's laws will only take legal effect in that country. 3 timeliness. In other words, the protection of various rights by law has a certain period of validity, and the length of the protection period can be the same or different. Only by participating in international agreements or making international applications can a certain right be uniformly protected.
Headquarters of the United Nations World Intellectual Property Organization in Geneva
1893 The International Bureau established under the Paris Convention for the Protection of Industrial Property and the International Bureau established under the Berne Convention for the Protection of Literary and Artistic Works have joined hands to form the International Joint Bureau for the Protection of Intellectual Property. The World Intellectual Property Organization was established in Stockholm on 1967, and 1974 became one of the specialized agencies of the United Nations. Its purpose is to cooperate with other international organizations through international cooperation in order to promote worldwide intellectual property protection and ensure administrative cooperation among intellectual property alliances. China joined the World Intellectual Property Organization on March 3, 1980, and became a full member of the organization on June 3, the same year.
The General Principles of Civil Law of People's Republic of China (PRC) stipulates six types of intellectual property rights, such as copyright, patent right, trademark right, right of discovery, right of invention and other scientific and technological achievements, and stipulates the civil law protection system of intellectual property rights. In addition, People's Republic of China (PRC) Patent Law, Trademark Law, Copyright Law, Invention Award Regulations and other separate laws and administrative regulations also stipulate relevant intellectual property rights.
World Intellectual Property Day 4.26
The origin of World Intellectual Property Day
On the proposal of People's Republic of China (PRC) and Algeria 1999, the World Intellectual Property Organization adopted a resolution at the 35th General Assembly in 2000, and decided to designate April 26th as World Intellectual Property Day from 200 1. April 26th is the day when the Convention on the Establishment of the World Intellectual Property Organization (WIPO Convention) came into effect. The establishment of World Intellectual Property Day aims to establish a worldwide awareness of respecting knowledge, advocating science and protecting intellectual property rights, and to create a legal environment to encourage knowledge innovation and protect intellectual property rights.
Review on the theme of World Intellectual Property Day over the years
200 1 create the future today.
Encourage innovation in 2002
In 2003, intellectual property rights were closely related to us.
Respecting intellectual property rights and maintaining market order in 2004
Basic common sense
Intellectual property refers to the exclusive rights enjoyed by citizens, legal persons or other organizations in science and technology or culture and art for the intellectual achievements obtained by creative labor.
Intellectual property rights include industrial property rights and copyrights (called copyrights in China). Industrial property rights include patents, trademarks, service marks, names of manufacturers, names of countries of origin and prevention of unfair competition. Copyright refers to the right of a unit or individual to print, publish and sell a work according to law. Anyone who wants to copy, translate, adapt or perform needs permission from the copyright owner, otherwise it will infringe on the rights of others. The essence of intellectual property rights is to treat human intellectual achievements as property.
Trademark right refers to the exclusive right given by national laws to trademark owners to protect their registered trademarks. A trademark is a commercial symbol used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional symbols, color combinations or combinations of the above elements. The acquisition of trademark rights in China must fulfill the trademark registration procedure and implement the principle of first application.
Copyright is the creator and creator of literary, artistic and scientific works, and it is a civil right enjoyed by their works according to law.
Patent right and patent protection refer to the patent application filed with the State Patent Office, and after passing the examination according to law, the patent applicant is granted the exclusive right to enjoy the invention and creation within a specified time. After an invention-creation is granted a patent right, the patentee enjoys exclusive rights to his invention-creation. No unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented products for production and business purposes. Without the permission of the patentee, the implementation of his patent will infringe his patent right and cause disputes, which shall be settled by the parties through consultation; Unwilling to negotiate or if negotiation fails, the patentee or interested party may bring a lawsuit to the people's court or request the administrative department for patent affairs to handle it. Patent protection adopts the protection mode of "two-way parallel and judicial guarantee" between judicial and administrative law enforcement. The administrative protection in this area takes the form of patrol law enforcement and joint law enforcement, focusing on cracking down on group infringement, repeated infringement and other phenomena that seriously disturb the patent legal environment.
Three characteristics of intellectual property rights
1, exclusivity of intellectual property, that is, exclusivity or monopoly;
2. The regionality of intellectual property, that is, it is only valid in the confirmed and protected areas;
3, the timeliness of intellectual property rights, that is, only within the prescribed protection period.
environment
The so-called environment is always relative to a central thing. The environment is different because of the different central things, and changes with the change of the central things. The environment we usually say refers to the human environment. Humanistic environment is divided into natural environment and social environment.
The natural environment is also called geographical environment. Refers to the nature around human beings. It includes atmosphere, water, soil, biology and various mineral resources. The natural environment is the material basis for human survival and development. In physical geography, these factors that constitute the whole natural environment are usually divided into five natural circles: atmosphere, hydrosphere, biosphere, geosphere and lithosphere.
Social environment refers to the artificial environment that human beings have gradually created and established through long-term planned and purposeful development on the basis of natural environments such as cities, rural areas and industrial and mining areas in order to continuously improve their material and spiritual living standards. The development and succession of social environment is dominated and restricted by natural laws, economic laws and social laws, and its quality is one of the symbols of human material civilization construction and spiritual civilization construction.
The Environmental Protection Law of People's Republic of China (PRC) expounds the concept of environment from the legal point of view: "The environment mentioned in this law refers to the sum total of various natural and artificially transformed natural factors that affect human survival and development, including atmosphere, water, ocean, land, mineral deposits, forests, grasslands, wild animals, natural relics, cultural relics, scenic spots, nature reserves, cities and villages, etc."
Other definitions: refers to the external world around human beings, which is the synthesis of material conditions on which human beings depend for survival and development. The environment provides a vast space, rich resources and necessary conditions for human social production and life.