(A), the source of domestic legislation
1. Intellectual property laws, such as copyright law, patent law and trademark law.
2. Administrative regulations on intellectual property rights. It mainly includes regulations on the implementation of copyright law, regulations on the protection of computer software, detailed rules for the implementation of patent law, regulations on the implementation of trademark law, regulations on customs protection of intellectual property rights, regulations on the protection of new plant varieties, regulations on the protection of layout design of integrated circuits, etc.
3. Regulations of Shenzhen Special Economic Zone on the Protection of Technical Secrets of Enterprises and other local regulations, autonomous regulations and separate regulations on intellectual property rights.
Intellectual property law. Provisions of the State Administration for Industry and Commerce on Prohibition of Infringement of Trade Secrets and other intellectual property administrative regulations.
5. Judicial interpretations of intellectual property rights, such as "Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases" and "Interpretation of the Supreme People's Court on Applicable Legal Issues in Stopping Infringement of the Exclusive Right to Use Registered Trademarks and Preserving Evidence before Litigation".
(2) International treaties
While formulating domestic intellectual property laws and regulations, China has strengthened exchanges and cooperation with other countries in the field of intellectual property, and acceded to more than ten international conventions for the protection of intellectual property. It mainly includes: TRIPS Agreement, Paris Convention for the Protection of Industrial Property, Berne Convention for the Protection of Literary and Artistic Works, universal copyright convention, Madrid Agreement for the International Registration of Trademarks, Patent Cooperation Treaty, etc. Among them, the TRIPS Agreement of the World Trade Organization is considered to be an international convention with wide coverage, high level of protection, strong protection and strong binding force in the field of intellectual property protection worldwide, which has played an important role in the revision of relevant intellectual property laws in China.
Second, the concept of intellectual property. Intellectual property refers to the exclusive right that people enjoy according to law for their intellectual labor achievements, usually the exclusive right or exclusive right granted by the state to their intellectual achievements in a certain period of time. China's intellectual property law mainly includes copyright law, patent law and trademark law.
Intellectual property is essentially an intangible property right, and its object is intellectual achievements or knowledge products, an intangible property or formless spiritual wealth, and a labor result created by creative intellectual labor. Like tangible property such as houses and cars, it is protected by national laws and has value and use value. The value of some major patents, well-known trademarks or works is much higher than tangible property such as houses and cars.
Three. Characteristics of intellectual property rights:
(1) Intellectual property is an intangible property.
(2) Intellectual property rights are exclusive.
⑶ Intellectual property rights have the characteristics of timeliness.
(4) Intellectual property rights are regional.
The acquisition of most intellectual property rights requires legal procedures. For example, the acquisition of trademark rights requires registration.
Fourth, the concept of intellectual property law. Intellectual property law refers to the general name of legal norms regulating social relations arising from activities such as the ownership, exercise, management and protection of intellectual property rights. The comprehensive and technical characteristics of intellectual property law are very obvious. In intellectual property law, there are both private law norms and public law norms There are both substantive norms and procedural norms. However, as far as the ownership of legal departments is concerned, intellectual property law still belongs to civil law and is a special law of civil law. Most of the basic principles, systems and legal norms of civil law are applicable to intellectual property rights. The norms of public law and procedural law in intellectual property law serve to confirm and protect the private rights of intellectual property rights and do not dominate.