In China, independent intellectual property rights refer to the ownership of certain technical intellectual assets independently realized by Chinese citizens, legal persons or unincorporated units through their leading research and development or design and creation activities, including intellectual property rights purchased from other Chinese citizens, legal persons or unincorporated units.
1. The legal person or unincorporated entity in China refers to the legal person or unincorporated entity whose original capital composition is not dominated by foreign capital.
2. Leading research and development or design creation, including independent research and development or design creation, and also including research and development or design creation with own creative labor as the main content in cooperation with others.
3. Intellectual property rights refer to inventions, patents, designs of new scientific and technological products, proprietary technologies related to scientific and technological achievements, computer chips (including databases, multimedia and network products), layout design of integrated circuit chips, new varieties of animals and plants, and protected varieties of traditional Chinese medicine.
What is a product with independent intellectual property rights?
Some people who know little about intellectual property law often mistake their new products for products with independent intellectual property rights, but they are not. In fact, only by applying for a patent for a new product developed by oneself and obtaining a patent right, can the designed software be protected by copyright, so that the intellectual achievements can be clearly owned by the owner in legal form and can be controlled by the owner without any interference, can such products be called products with independent intellectual property rights. On the contrary, although it is a new product developed by itself, it has not obtained intellectual property rights such as patents and copyrights, and the ownership relationship of intellectual achievements has not been determined according to law. Such a new product cannot be said to be a product with independent intellectual property rights. Broadly speaking, if you buy out other people's patents and other intellectual property rights by paying, you can enjoy the right to freely control and dispose of the intellectual achievements you bought without interference from the original owner, and the new products produced from it can also be called having independent intellectual property rights.