1. What are the current laws and regulations on intellectual property protection in China?
Intellectual Property Protection Law, People's Republic of China (PRC) Patent Law, People's Republic of China (PRC) Patent Law Implementing Rules, Integrated Circuit Layout Design Protection Regulations, Copyright Collective Management Regulations, People's Republic of China (PRC) Trademark Law, People's Republic of China (PRC) Trademark Law Implementing Regulations, People's Republic of China (PRC) Trademark Law Implementing Regulations. Regulations on the Protection of Computer Software, Regulations on Customs Protection of Intellectual Property Rights in People's Republic of China (PRC), Measures for the Implementation of Customs Protection of Intellectual Property Rights in People's Republic of China (PRC), etc.
Second, the significance of protecting intellectual property rights.
(1) Provide legal protection for the rights and interests of people who have completed intellectual achievements, and mobilize people's enthusiasm and creativity in scientific and technological research and literary and artistic works.
(2) Providing a legal mechanism for the popularization, application and dissemination of intellectual achievements, transforming intellectual achievements into productive forces, and applying them to production and construction, resulting in huge economic and social benefits.
(3) Providing legal norms for international economic, technological, trade, cultural and artistic exchanges, and promoting the progress of human civilization and economic development.
(4) As an important part of modern civil and commercial law, the legal system of intellectual property rights is of great significance to perfecting our legal system and building a country ruled by law.
Three. The main scope of intellectual property rights:
1, copyright and neighboring rights. Copyright, also known as copyright, refers to the personal rights and property rights enjoyed by the authors of literary, artistic and scientific works and their related subjects according to law. Neighboring right is called "copyright-related right" in copyright law.
2. Patent right refers to the exclusive right enjoyed by natural persons, legal persons or other organizations to exploit inventions, utility models and designs within a certain period of time.
3. Trademark right, that is, the trademark registrant or the right successor enjoys various rights to the registered trademark within the statutory time limit.
4. The right of trade secrets, that is, the exclusive right of civil subjects to technical information or business information that belongs to trade secrets according to law.
5. The right to new plant varieties, that is, the exclusive right to use varieties authorized by units or individuals who have completed breeding according to law.
6. The right of integrated circuit layout design means the exclusive right of integrated circuit layout design enjoyed by natural persons, legal persons or other organizations according to law.
7. Trade name right, that is, the exclusive right to use a trade name legally enjoyed by commercial subjects within a certain geographical scope.
There are great differences in theoretical circles about whether the right to reward scientific and technological achievements, the right to geographical indications, the right to domain names, the right to fight unfair competition, the exclusive right to database and the right to commercialization can become independent intellectual property rights.
Generally speaking, the relevant state departments now attach great importance to the protection of intellectual property rights, but although trademark rights and invention patents belong to intellectual property rights, it is impossible to refer to the same legal system in patent infringement cases applying for registration. However, the current intellectual property protection system has only established a preliminary model.