Patent right, referred to as "patent" for short, is a kind of intellectual property right, which is the exclusive right of the inventor or his assignee to exploit a specific invention within a certain period of time. China promulgated the Patent Law on 1984, and the detailed rules for its implementation on 1985, which made specific provisions on related matters.
patent infringement
I. Scope of protection of patent right
The scope of protection of the patent right for invention or utility model shall be subject to the content of its claim, and the description and drawings can be used to explain its claim. It means that the scope of protection of the patent right shall be determined by the necessary technical features clearly recorded in the claims, including the scope determined by the features equivalent to the necessary technical features. Equivalent features refer to features that basically achieve the same functions and effects as the recorded technical features by basically the same means, and can be associated by ordinary technicians in the field without creative labor. The scope of protection of the patent right of design shall be subject to the patented product of design shown in pictures or photographs. The protection scope of the patent right of design depends on two aspects: one is the design expressed by pictures or photographs; The second is the product range used by the design specified when the patent is granted. Determining whether the designs are the same or similar should be based on similar products.
Second, patent infringement.
(I) Concept of Patent Infringement Patent infringement refers to the act that the actor exploits another person's patent for profit without the permission of the patentee and without legal basis within the validity period of the patent. It has the following characteristics: 1. The infringed object is a valid patent. Patent infringement must be based on the existence of a valid patent. The technology before patent authorization, the patent that has been declared invalid, abandoned by the patentee or the technology whose patent term expires does not constitute infringement. The patent law provides for a temporary protection system. After the publication of an application for a patent for invention, the user of the invention shall pay an appropriate royalty before being granted a patent right. For disputes over the use of an invention without paying an appropriate fee after the publication of an application for a patent for invention and before the grant of the patent right, the patentee shall, after the grant of the patent right, request the administrative department for patent affairs to mediate, or directly bring a suit in a people's court. 2. There must be infringement, that is, the actor objectively carried out the act of infringing others' patents. 3. For the purpose of production and operation. The implementation of non-production and business purposes does not constitute infringement. It violates the law, that is, the actor's act of implementing the patent has no legal basis without the permission of the patentee. (II) Manifestations of patent infringement Patent infringement can be divided into direct infringement and indirect infringement. 1. Direct infringement. This refers to the act of infringing others' patent rights directly implemented by the actor. Its manifestations include: (1) the act of manufacturing patented products of inventions, utility models and designs; (2) the act of using patented products of inventions and utility models; (3) promising to sell patented products of inventions and utility models; (4) the act of selling patented products of inventions, utility models or designs; (5) the act of importing patented products of inventions, utility models and designs; (6) using patented methods and using, promising to sell, selling or importing products directly obtained according to patented methods; The newly revised patent law has changed. After the latest revised patent law is implemented, the newly revised patent law shall prevail. In addition, it should be noted that counterfeiting other people's patents is also illegal, but it is not an infringement. For the purpose of production and operation, using or selling a product that is not known to be patented and manufactured and sold without the permission of the patentee or a product that is directly obtained according to the patented method, which can prove the legal source of the product, is still a patent infringement, and it is necessary to stop the infringement but not bear the liability for compensation. 2. Indirect infringement. This means that the actor's own behavior does not directly constitute an infringement of the patent right, but he has induced, encouraged, abetted and helped others to infringe the patent right. This kind of infringement usually creates conditions for direct infringement. The common manifestations are: the actor sells parts of patented products, molds specially used to implement patented products or machinery and equipment used to implement patented methods; An act in which an actor transfers his patented technology without the authorization or entrustment of the patentee. In practice, according to Article 130 of General Principles of Civil Law, indirect infringement is usually recognized as joint infringement. Patent features 1, exclusivity and exclusivity 2, regionality 3, timeliness 4, legal authorization.
Trade secrets can be regarded as privacy.
The right to privacy refers to a kind of personality right that the private life and private information secrets enjoyed by natural persons are protected according to law and are not illegally violated, known, collected, used and made public by others. Moreover, the right subject has the right to decide to what extent others can interfere in their private lives, whether to disclose their privacy to others, and the scope and extent of disclosure. Privacy, as a basic personality right, refers to a kind of personality right for citizens to "enjoy the peace of private life and the protection of private information according to law, and not be illegally harassed, informed, collected, used and made public by others".
Freedom of personal life
The subject of rights should engage in or not engage in certain activities that have nothing to do with public interests or are harmless according to his own will, and be free from interference, destruction and domination by others.
Privacy of personal life information
Personal information, including all personal information and data. Such as height, weight, female measurements, medical records, physical defects, health status, life experience, property status, marriage, family, social relations, hobbies, beliefs, psychological characteristics and so on. The right subject has the right to prohibit others from illegally using personal life information, for example, not peeking into the secret parts of citizens' bodies, diaries and so on. And shall not be forced to disclose past lives's private affairs, such as his property status and social relations, which are not known to the outside world or disclosed without the consent of others.
Personal communication secret right
The subject of rights has the right to keep confidential the contents of private letters, telegrams, telephones, faxes and conversations, and prohibit others from illegally eavesdropping or stealing. The development of privacy system is closely related to the development of modern communication. With the rapid development of information processing and transmission technology, the content of personal communication is easy to be eavesdropped or stolen. Therefore, ensuring the security of personal communication has become an important content of privacy.
Personal privacy use right
The right subject has the right to use his privacy to engage in various activities according to his own will to meet his own needs. For example, writing an autobiography with personal life information, painting or photographing with your own image or body, etc. These activities cannot be illegally interfered, but the use of privacy must not violate the mandatory provisions of the law, and must not violate public order and good customs, that is, rights must not be abused. For example, using one's private parts to make obscene articles should be considered as illegal use of privacy, which constitutes an illegal act.