Our right to intellectual achievements (2007-09-24 20:10:38) Reprinted label: knowledge/exploration
1. Import: Share the good news
Ding recently bought a house and a computer. So
1. What property does Ding have here?
2. Do you have any property of your own? What's there?
3. A high school student in Wuhan has been interested in inventions since he was a child. He has applied for 10 patents since March last year. Does he have property?
——Houses, computers, and stationery are properties, and patent rights are also property. They are intangible properties, that is, a right to intellectual achievements that we are going to learn today. (Our right to intellectual achievements)
2. Activity exploration
(1) What are intellectual achievements (the so-called intellectual achievements mainly refer to the fruits of labor created by human mental labor)< /p>
Knowledge and wisdom acquired through learning and thinking are a kind of intangible property and intellectual achievements, which are manifested in scientific and technological achievements, inventions, literary and artistic works, etc.
(1) Scientific and technological achievements: Shenzhou No. 5 Internet
Inventions and creations: Four major inventions, the first steam engine computer
Literary and artistic works: domestic and foreign Famous paintings
(2) Introduce the intellectual achievements that you know and like, and what impact does talking about them have on our lives?
The invention of the light bulb allowed people to say goodbye to darkness; the use of the Internet made information dissemination faster, and people can better communicate and understand the world...
——Intellectual achievements are not only convenient , improve our lives, and also bring us value. If you don’t believe it, let’s listen below:
(2)
Activity 1: Use chalk to draw a line for 1 dollar
In 1923, a large motor of the American Ford Company broke down, and Steinmintz, a German motor expert, was asked to diagnose it. He looked around, wrote and calculated. After two days and two nights, he drew a line on the top of the motor and asked the repairman to remove 16 turns of the coil where he drew the line. The fault was indeed eliminated. What a chic painting this is. Afterwards, Steinmintz asked for $10,000. On the payment slip, he wrote: "Draw a line with chalk for $1, and know where to draw it. $9,999.
1. What method does Steinmintz rely on? To gain value? Is there any connection between US$10,000 and studying?
1. What should we do now to transform useless wealth into tangible wealth?
-Study scientific and cultural knowledge and use your brain diligently
2. Are these intellectual achievements protected by law?
——Are they the various intellectual activities created by your own labor? Rights are protected by law. That is, the right to intellectual achievements is protected by law.
(3) What is the right to intellectual achievements? ——The right to intellectual achievements is the right of citizens or The civil rights that a legal person enjoys in accordance with the law on the results of his or her own intellectual activities.
2 What does the intellectual property right include? 1) Copyright (2) Patent rights (3) Trademark rights.
3. Introduction:
(1) Copyright includes the right to use the work and the right to receive remuneration
The right to use the work: including the right of reproduction, performance, broadcast, exhibition, adaptation and translation. < /p>
Right to receive remuneration: The author receives remuneration for using his or her work or transferring the copyright.
(2) Patent right: refers to an invention, that is, an invention, utility model or design is transferred to the state. The Patent Office of the Intellectual Property Office submits an application and, after passing the review in accordance with the law, grants the patentee the exclusive right to the invention within a specified period of time.
(3) Trademark rights: Trademarks are. A mark consisting of words, graphics or a combination thereof. Trademark rights refer to the exclusive rights of trademarks after legal registration. Tell us about those trademarks.
4. What aspects of intellectual property rights are involved in the following cases?
(1) Case analysis: On December 12, 2005, Louis Vuitton found that the Wuning store of Carrefour Supermarket operated by Shanghai Lianjia Supermarket Co., Ltd. was selling goods at a price of 49.9 yuan, which was registered with Louis Vuitton. Women's handbags with identical or similar trademarks. To this end, Louis Vuitton has taken notarial evidence preservation measures for three infringing leather bags bearing the "LV" text mark and other graphic combination marks. In January this year, Louis Vuitton filed a complaint against Lianjia Supermarket Company to the Shanghai No. 2 Intermediate People’s Court for infringing its registered trademark rights, requesting an order to order Lianjia Supermarket Company to immediately stop the infringement and pay the plaintiff 50 yuan in compensation. Ten thousand yuan. On April 21, 2006, the Shanghai Second Intermediate People's Court ruled in the first instance that Shanghai Lianjia Supermarket Co., Ltd., which operates the Carrefour supermarket Shanghai Wuning store, should stop infringing the exclusive rights of five graphic and text trademarks including Louis Vuitton's "LV" and pay compensation. The company suffered an economic loss of 300,000 yuan. Trademark Rights
(2) The book "Details Determine Success or Failure" was published by Xinhua Publishing House. Since its publication, it has received widespread attention from the society. The second edition of the book was published in February 2004. It is 16 format, lined with red special paper, and priced at 24.80 yuan. On June 11, 2004, pirated copies were discovered at the Ditan Book Market. According to relevant personnel from Xinhua Publishing House, there is also a pirated version of the book in Guangdong. Its layout and format are the same as the original book. The price is 29.80 yuan. The cover is uncoated, the paper of the book is thin, and the printing and binding quality is poor. Copyright
5. What should we do when our intellectual property rights are infringed?
Activity 2: Wang Ling’s experience
(1) The editor’s statement is wrong.
(2) Because although Wang Ling is a minor, she still has the right to intellectual achievements. Article 36 of the "Law on the Protection of Minors" stipulates: "The state protects the intellectual achievements of minors from infringement in accordance with the law." It is an infringement for a publishing house to publish Wang Ling's works without paying royalties without Wang Ling's consent. Infringed upon Wang Ling’s intellectual property rights.
2. What can Wang Ling do to protect her legitimate rights and interests?
1) Wang Ling can first raise an objection to the infringing party (publishing company) and ask it to stop the infringement. And publicly apologized for the gift. 2) Then hold them accountable and demand compensation for losses. 3) If the situation is serious, it needs to be resolved through legal means.
Activity 3: Role play:
Reading - prompts - discussion and exchange - summary
- As a citizen, when your intellectual achievements are violated When doing so, you must use legal weapons to protect your legitimate rights and interests. We must also actively participate in society's protection of intellectual achievements, respect the intellectual work of others, and refrain from doing anything that infringes on the intellectual achievements of others.
Activity 4: Start with me
On-site survey: Have you or the people around you ever bought pirated books, pirated CDs, or pirated software? How do you feel after buying it?
Rejecting piracy starts with me. How to combat piracy, put forward your suggestions.
(1) Resolutely not buy it yourself (2) Actively report it (3) Enhance legal awareness (4) Learn and publicize some techniques for identifying fake goods to the general public