The World Intellectual Property Day
April 26(th)
You know, from April 20th to 26th,
Is it National Intellectual Property Publicity Week?
How much do you know about intellectual property?
I will take you through it today.
Those things about intellectual property!
Intellectual property law
People are used to talking about the Intellectual Property Law, which does not mean that there is a law called the Intellectual Property Law of the People's Republic of China. In fact, the "intellectual property law" we often talk about is just a concept of legal discipline or a general name of a series of legal norms on intellectual property, including copyright law, trademark law, patent law and other laws, as well as related laws and regulations.
"Intellectual property" comes from legal provisions.
Intellectual property refers to the legal rights enjoyed by the state for all kinds of intellectual achievements in order to stimulate innovation and promote the development of science and technology when the society develops to a certain period. Therefore, whether people's intellectual activities can be recognized as intellectual property rights and protected can only be decided by their own intellectual property laws.
What does intellectual property include?
Intellectual property includes traditional intellectual property and new intellectual property. Traditional intellectual property rights can be roughly divided into copyrights, patents and trademarks, among which patents and trademarks are collectively referred to as industrial rights. The new intellectual property rights include the right to layout design of integrated circuits, the right to new plant varieties, the right to geographical indications and the right to trade secrets. With the acceleration of scientific and technological innovation and social development, the types of extension of intellectual property rights will be wider and faster.
What does intellectual property protect?
Intellectual property rights protect intangible objects such as intellectual achievements and goodwill. The concept of "immateriality" is unfamiliar to most people. The following case helps to understand immateriality: Zhao came back from a trip to South America and wrote a travel book "Travel Notes in South America", so "Zhao's knowledge achievement" refers to the content of the book "Travel Notes in South America". Suppose Travel in South America is published by a publishing house and sold out. Then, the ownership of the published book A Journey to South America has been owned by the buyer, but the copyright of A Journey to South America is still owned by Zhao alone. If someone steals a book bought by one of the readers, his book stealing behavior infringes the ownership of the reader, but it does not infringe Zhao's copyright, and it is not the object of copyright law protection; However, if the book thief publishes the contents of the book to the travel website without authorization, it will constitute an infringement of Zhao's copyright. This is because the contents written in Travel in South America are protected by copyright law, and others may not copy and spread the contents of this book without Zhao's consent.
Intellectual property rights should be "embodied" in tangible forms.
The objects of intellectual property protection, such as intellectual achievements and goodwill, are intangible, so these objects must be "concretized" in tangible form, and only when they are "fixed" in tangible form can they become the protected objects of intellectual property law.
Intellectual property owners enjoy "exclusive rights" in intellectual property rights.
The particularity of intellectual property is that it must be open in most cases. For example, someone invented a technology and successfully applied for a patent. This patented technology can only bring economic benefits to the patentee if it is applied to the product and sold. The better the product is sold, the more the patentee will benefit. However, the bigger the product market, the more people are exposed to patents, and the greater the risk of being pirated. If the law does not give the patentee the exclusive right to the patent in time, and others do not have to bear any legal consequences for stealing, then once other products use the technology at will, the economic rights and interests of the patentee will not be guaranteed.
Therefore, whether it is copyright, patent right or trademark right, the core of its rights is "no one can use it without the permission of the right holder", and the exclusive rights and interests of intellectual property owners are protected by the power of law.
Intellectual property rights have geographical restrictions.
Due to the different types of rights and protection intensity stipulated in intellectual property laws of different countries (for example, odor trademarks recognized by the United States and other countries cannot be registered as trademarks in China), unless there are special provisions in international treaties and bilateral or multilateral agreements, intellectual property rights of one country cannot be automatically protected in other countries.
Different types of intellectual property rights are acquired in different ways.
According to China's current relevant laws and regulations, the copyright is "obtained when the author completes his creation", the patent right is "effective from the date of granting and announcement by the Patent Office" and the trademark right is "obtained after approval and registration by the Trademark Office". Because international practices are the same, different types of intellectual property rights are subject to different geographical restrictions.
Most intellectual property rights have a time limit.
Once intellectual property enters the public domain beyond the legal protection period, it is no longer protected, and people can use related works and technologies for free without the permission of the intellectual property owner. The relevant protection periods of China's current legislation are: copyright 50 years, invention patent 20 years, utility model patent and design patent 10 year, and trademark validity 10 year. However, if it is personal rights (the author's right of signature, etc. ), non-intellectual activities or non-public information (trade secrets, etc.). ), its protection period has no time limit.
The above contents must be recorded in a small book.
Intellectual property rights are closely related to us.
Protect intellectual property rights, starting with me!
Source: China Pufa
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