Legal system of intellectual property rights in China

Legal subjectivity:

The legal system of intellectual property rights mainly includes domestic laws and international treaties: 1. China's intellectual property legal system includes: (1) laws, mainly including copyright law, patent law and trademark law. (2) Administrative regulations, mainly including regulations on the implementation of copyright law, regulations on the protection of computer software, detailed rules for the implementation of patent law, regulations on the implementation of trademark law, regulations on the customs protection of intellectual property rights, regulations on the protection of new plant varieties, regulations on the protection of layout design of integrated circuits, etc. (3) Local regulations, autonomous regulations and separate regulations. (4) Administrative regulations. (5) the Supreme People's Court's judicial interpretation. 2. Intellectual property laws in international treaties mainly include: (1) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) of the World Trade Organization; (2) Paris Convention for the Protection of Industrial Property; (3) Berne Convention for the Protection of Literary and Artistic Works; (4) universal copyright convention; (5) madrid agreement concerning the international registration of marks.

Legal objectivity:

Patent Law of People's Republic of China (PRC) Article 1 This Law is formulated for the purpose of protecting the legitimate rights and interests of patentees, encouraging inventions and creations, promoting the application of inventions and creations, improving innovation ability, and promoting scientific and technological progress and economic and social development. People's Republic of China (PRC) Patent Law Article 2 Invention-creation as mentioned in this Law refers to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.