1. The concept of intellectual property: English is "intellectual property", German is "Gestiges Eigentum", their original meaning is "knowledge (property ownership)" or "wisdom (property) ownership", also It is called the right to intellectual achievements. In Taiwan, it is called intellectual property rights. According to the provisions of my country's "General Principles of Civil Law", intellectual property rights are civil rights and are a collective term for rights generated by law based on creative intellectual achievements and industrial and commercial marks. According to research by some scholars, the term was first proposed by the French scholar Kapuszov in the mid-17th century and later developed by the famous Belgian jurist Picardy.
Intellectual property rights refer to the exclusive rights enjoyed by citizens, legal persons and other subjects in accordance with the provisions of the law on the intellectual products generated by their intellectual creation or innovative activities, also known as "intellectual achievement rights" "Intangible property rights" mainly include industrial property rights consisting of invention patents, trademarks and industrial designs, and works composed of natural sciences, social sciences, literature, music, drama, painting, sculpture, photography and film photography. Copyright (authorship) has two parts. 2. The classification of intellectual property includes: industrial property and copyright (called copyright in our country). 3. How to use intellectual property and what to pay attention to. :△Trademark right refers to the exclusive right granted by the trademark authority to the trademark owner in accordance with the law to protect its registered trademark under national law. A trademark is a commercial sign used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional signs, color combinations, or a combination of the above elements. To obtain trademark rights in my country, the trademark registration procedure must be followed, and the first-to-file principle must be implemented. Trademark is an identification mark in industrial activities, so the role of trademark rights is mainly to maintain order in industrial activities, which is different from the role of patent rights, which is mainly to promote the development of industries.
△Patent rights and patent protection refer to an invention-creation that submits a patent application to the National Patent Office. After passing the examination according to law, the patent applicant is granted the right to enjoy the invention-creation within a specified period of time. Exclusive rights. After an invention is granted a patent, the patentee has exclusive rights to the invention. No unit or individual may exploit the patent without the permission of the patentee, that is, they may not manufacture, use, offer for sale, or sell the invention for production and business purposes. Sells and imports its patented products. Exploiting the patent without the permission of the patentee will infringe upon the patent right. If a dispute arises, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or a closely related person may sue the People's Court or request management. The department handles patent work. Patent protection adopts a protection model of "two channels, parallel operations, and judicial protection" of judicial and administrative law enforcement. Administrative protection in this region adopts the form of patent enforcement in the form of roving enforcement and joint enforcement, concentrating efforts and focusing on intensifying the crackdown on group infringement, repeated infringement and other phenomena that seriously disrupt the patent legal environment.
△Trade name rights. That is, the manufacturer's name right is a right to use one's registered trade name (manufacturer name, company name) without interference from others. An enterprise's trademark right cannot be equated with an individual's name right (a type of personality right). Intellectual property rights are subject to legal restrictions in several ways. Although intellectual property rights are private rights, and although the law also recognizes their exclusive exclusivity, because people's intellectual achievements are highly public and closely related to the development of society, culture and industry, they should not be monopolized by anyone for a long time. , so the law stipulates many restrictions on intellectual property rights:
△First, from the perspective of the occurrence of rights, the law stipulates various positive and negative conditions and methods of publicity. For example, the occurrence of patent rights must be subject to application, examination and approval. There are various conditions for inventions, utility models and designs that are granted patent rights (Articles 22 and 23 of the Patent Law). Patent rights are not granted for certain matters. (Article 25 of the Patent Law). Although there are no restrictions on application, examination, or registration for copyright, there are restrictions under Articles 3 and 5 of the Copyright Act.
△Second, the law has special provisions on the duration of rights. This is the big difference between intellectual property and ownership.
△Third, the right holder has certain obligations to use or implement. The law provides for a compulsory licensing or compulsory enforcement licensing system. Regarding copyright, the law also provides for a fair use system.