1. Which department does intellectual property belong to?
Copyright belongs to China National Intellectual Property Administration, that is, copyright refers to the rights (including property rights and personal rights) enjoyed by authors of literary, artistic and scientific works. There are two ways to obtain copyright: automatic acquisition and registration acquisition. Article 49 of the Copyright Law of People's Republic of China (PRC) infringes copyright or copyright-related rights, and the infringer shall compensate the obligee according to the actual loss; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. If the actual loss of the obligee or the illegal income of the infringer cannot be determined, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.
2. What are the main features of intellectual property rights?
Characteristics of intellectual property rights:
1, intangible property right;
2. Confirmation or award must be directly stipulated by special national legislation;
3. Duality: both the nature of some personal rights (such as the right to sign) and the content of property rights. But the trademark right is an exception, it only protects property rights, not personal rights;
4. exclusivity: the exclusivity of intellectual property rights means that no one except the obligee agrees or the law provides otherwise.
5. Regionality: Regionality of intellectual property rights means that intellectual property rights obtained in accordance with the laws of a country can only be valid within the territory of that country and protected by the laws of that country, except for international conventions or bilateral and multilateral agreements.
6. Timeliness: The timeliness of intellectual property rights means that their rights are protected by law within the time limit prescribed by law. Once the validity period stipulated by law is exceeded, this right will be extinguished by itself, or intellectual property rights will be lost according to law.
3. What kinds of intellectual property rights include?
Intellectual property rights can be roughly divided into two categories:
First, industrial property rights, including patents, trademarks, prohibition of unfair competition, trade secrets, geographical indications and so on. The other is copyright, which involves literary, artistic and scientific works, such as novels, poems, plays, movies, music, songs, fine arts, photography, sculpture, architectural design and so on. Copyright in a broad sense also includes rights related to copyright, such as the rights of performers to their performances, the rights of producers of sound recordings to their sound recordings, and the rights of radio and television organizers to their radio and television programs.
In addition, with the continuous development of knowledge economy, the exclusive right of integrated circuit layout design, new plant variety right, anti-monopoly right and domain name right are gradually incorporated into the intellectual property system.
The above is the relevant legal knowledge about which department intellectual property belongs to. To sum up, as far as intellectual property rights are concerned, they can be mainly divided into two categories, both of which are managed by China National Intellectual Property Administration.