Does intellectual property include copyright?
Intellectual property rights include: industrial property rights and copyright (called copyright in China). 1, industrial property rights. Invention patents, trademarks and industrial designs constitute industrial property rights. Industrial property rights include patents, trademarks, service marks, names of manufacturers, names of countries of origin, prevention of unfair competition, rights to new plant varieties and exclusive rights to layout design of integrated circuits. 2. Copyright: In China, copyright in a broad sense includes (in a narrow sense) copyright, neighboring rights of works, and computer software copyright. , which belongs to the scope stipulated by the copyright law. This is the exclusive right of the copyright owner to use the crop (work). In a narrow sense, copyright is divided into the right of publication, the right of signature, the right of modification, the right to protect the integrity of a work, the right to use it and the right to receive remuneration (article 10 of the Copyright Law). Copyright is divided into personal rights and property rights of works. Copyright, patent right and trademark right sometimes overlap, which is a feature of intellectual property rights.
How to confirm the type of intellectual property in the evaluation?
The types of intellectual property rights are confirmed during the evaluation, and the relevant provisions are as follows:
(1) patent right
1. Definition of patent right: A patent right is the right granted to an inventor or unit to monopolize, use and dispose of an invention-creation achievement according to law.
2. The subject of patent right: the person who has the right to file a patent application and patent right and undertake corresponding obligations, including natural persons and legal persons.
3. Objects of patent right: inventions, utility models and designs.
4. The rights of the patentee: the exclusive right to use, the right to license, the right to transfer, the right to give up and the right to mark.
5. Obligations of the patentee: the obligation to exploit the patent and the obligation to pay the annual fee.
(2) Trademark right
1. Definition of trademark right: A trademark is a mark specially designed and consciously placed on the surface of a commodity or its packaging to help people distinguish different commodities. Trademark right refers to the exclusive right to use a trademark enjoyed by the trademark user according to law.
2. Subject of trademark right: the legal person or natural person who applied for and obtained the trademark right.
3. The object of trademark right: a trademark protected by the Trademark Law is a registered trademark, including a commodity trademark and a service trademark, after being approved and registered by the State Trademark Office.
4. Rights of trademark owners: right to use, right to prohibit, right to transfer and right to license.
5. Obligation of the trademark owner: guarantee the quality of the goods using the trademark, and have the obligation to pay the prescribed fees.
(3) Copyright
1. Definition of copyright: Copyright, also known as copyright, is the exclusive right enjoyed by citizens, legal persons or unincorporated units for their own literary, artistic, natural science and engineering technical works according to law.
2. Subject of copyright: refers to the copyright owner, that is, the copyright owner. Including authors, successors of copyright, legal persons or unincorporated units and countries.
3. The object of copyright refers to various works protected by copyright. Works that can enjoy copyright protection involve literary, artistic and scientific works, which are intellectual achievements created by the author and fixed in some form and can be copied.
4. Personal rights and property rights. Personal rights include the right to publish, the right to sign, the right to modify and the right to protect the integrity of works. Property rights include the right to use and the right to receive remuneration.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
According to Article 2 of the Regulations on Customs Protection of Intellectual Property Rights
Intellectual property rights protected by China Customs shall be trademark exclusive rights, copyrights, copyright-related rights and patents related to import and export goods and protected by laws and administrative regulations of People's Republic of China (PRC). Specifically, it includes the following scope:
(1) a trademark approved and registered by the Trademark Office of the State Administration for Industry and Commerce;
(2) an internationally registered trademark registered at the World Intellectual Property Organization and extended to China;
(3) patents for inventions, designs and utility models granted by China National Intellectual Property Administration (including the former China Patent Office);
(4) Protecting the copyright and copyright-related rights owned by citizens or organizations of the Berne Convention on literary and artistic works. In addition, according to the Regulations on the Protection of Olympic Symbols and the Regulations on the Protection of World Expo Symbols promulgated by the State Council, China's customs also protect the Olympic Symbols and World Expo Symbols.