1Z301060 Construction Project Intellectual Property System
1. Basic Types
Intellectual property rights can be divided into two major categories: one is copyright and the other is industrial property. , mainly including patent rights and trademark rights.
2. Legal Characteristics
As a kind of intangible property right, intellectual property rights have legal characteristics that are different from tangible property.
(1) The dual attributes of property rights and personal rights
Other civil rights only have the single attribute of property rights or personal rights. Only intellectual property rights have the dual attributes of property rights and personal rights.
(2) Exclusiveness
The right holder has exclusive rights to the intellectual achievement. If others want to use this achievement, they must obtain the consent of the right holder, otherwise it will constitute infringement.
(3) Regionality
The spatial effect only extends to the region within the reach of the laws of a country that recognize and protect intellectual property rights.
(4) Time limit
Intellectual property rights are protected by law only within the time limit specified by law. Once the legal time limit is exceeded, this right will automatically disappear. This intellectual achievement becomes the unique wealth of the entire society.
3. Patent rights
1. The objects protected by the patent law: inventions, utility models and designs.
2. Inventions and utility models for which patent rights are granted must be novel, creative and practical.
3. In addition to novelty, the design for which patent rights are granted should also have aesthetic appeal and be suitable for industrial application.
4. The term of patent rights: The term of invention patent rights is 20 years, and the term of utility model patent rights and design patent rights is 10 years, both calculated from the date of application.
IV. Trademark rights
1. Unlike other intellectual property rights, the exclusive right to trademark only includes property rights, and the personal rights of the trademark designer are protected by copyright law.
2. The exclusive right to use a trademark includes the right to use and the right to prohibit.
3. The validity period of a registered trademark is 10 years, calculated from the date of approval of registration. If a registered trademark expires and needs to be continued to be used, it should apply for renewal of registration (10 years) within 12 months before expiration; if the application is not submitted during this period, a 6-month extension period can be given. If an application has not been made before the extension period expires, the registered trademark will be cancelled.
4. When transferring a registered trademark, the transferor and the transferee shall apply to the Trademark Office at the same time. The transferee shall ensure the quality of the goods or services using the registered trademark.
5. Copyright
(1) Common copyright works in construction project activities
1. Written works
Tender documents prepared by the construction unit, bidding documents prepared by the construction unit and other written works.
2． Architectural works
Aesthetically significant works expressed in the form of buildings or structures.
3. Graphic works
Engineering design drawings and product design drawings drawn for construction and production.
(2) Copyright subject
1. Unit works: works hosted by a legal person or other organization, created on behalf of the will of the legal person or other organization, and for which the legal person or other organization assumes responsibility. Such as bidding documents and bidding documents.
2. Service works: works created by citizens to complete the work tasks of legal persons or other organizations.
3. The formal difference between work-for-service works and unit-work works:
The author of unit-work works is the unit; while the author of work-for-service works is an individual citizen.
The copyright of the work of the unit belongs entirely to the unit; generally, the copyright of the work of the unit is enjoyed by the author, but the legal person or other organization has the right to priority use within the scope of its business. Within two years after the work is completed, the author shall not allow a third party to use the work in the same manner as the work is used by the unit without the consent of the unit.
For professional works that fall under any of the following circumstances, the author enjoys the right of authorship and other copyright rights are enjoyed by legal persons or other organizations. Legal persons or other organizations may reward the author: (1) Mainly using legal persons or other Engineering design drawings and other professional works created based on the organization's material and technical conditions and for which legal persons or other organizations are responsible.
4. Commissioned works: Under normal circumstances, survey and design documents are commissioned works commissioned by the survey and design unit from the construction unit. The ownership of the copyright is agreed upon by the client and the trustee through a contract. If there is no express agreement in the contract or no contract has been concluded, the copyright belongs to the trustee.
(3) Protection period of copyright
1. The protection period of the author’s right of signature, right of modification, and right to protect the integrity of the work is not limited.
2. Citizens’ works: The protection period of the right to publish, use and receive remuneration is the life of the author and 50 years after his death.
3. Works and copyrights (excluding the right of authorship) of legal persons or other organizations are enjoyed by legal persons or other organizations: the protection period for the right to publish, use and receive remuneration is 50 years, ending On December 31, the 50th year after the work was first published, but the work has not been published within 50 years since its creation, it will no longer be protected by copyright law.
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