I the concept of intellectual property rights
1, intellectual property, generally speaking, refers to the exclusive rights enjoyed by citizens, legal persons or other organizations in the fields of science and technology, literature and art, mainly based on mental work to create intellectual achievements.
2. Intellectual property rights in a broad sense include literary, artistic and scientific works, performances by performing artists, records and radio programs, inventions in various fields of mankind, scientific discoveries, industrial product designs, trademarks, service marks and trade names and trademarks, as well as knowledge in the fields of industry, science, literature and art..
3. Intellectual property in a narrow sense only includes copyright, patent right, trademark right and name right, and excludes the right of scientific discovery, inventor and other scientific and technological achievements.
Second, the scope of intellectual property protection.
1. The scope of intellectual property protection in China includes invention patents, utility model patents, design patents, trademarks, copyrights and industrial copyrights.
2. According to the provisions of Article 3 of the Trademark Law, trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law.
3. According to Article 5 of the Patent Law, no patent right shall be granted for inventions and creations that violate laws, public order and good customs or harm public interests.
4. No patent right shall be granted to inventions obtained or utilized in violation of laws and administrative regulations and completed by relying on their genetic resources.
The international development of intellectual property system refers to the gradual simplification, consistency, unification and internationalization of intellectual property systems in all countries of the world. On the one hand, the regionality, invisibility and easy dissemination of intellectual property rights make the intellectual achievements produced in China not properly protected abroad; On the other hand, due to the rapid development of media and communication tools and increasingly frequent international exchanges, many intellectual achievements have crossed national boundaries and entered other countries.