Legal basis: Article 27 of the Patent Law of People's Republic of China (PRC), when applying for a patent for design, documents such as a request, a picture or photograph of the design and a brief description of the design shall be submitted.
The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required.
How to protect the copyright of photos? How to protect the copyright of photos? Photos are most likely to be stolen and used by others. If this happens, how to protect the copyright of photos? Without my permission, it is an act of infringing the copyright of the author's original photos. Next, I will explain to you how to protect the copyright of photos. How to protect the copyright of photos? First of all, if you want to protect your own pictures, you can apply for an appearance patent to protect yourself or infringe on the rights of others. As long as you don't use other people's copyrights and don't copy them, there is no infringement. There is no infringement if you don't use other people's pictures for commercial activities. First, according to the law on how to protect photo copyright, copyright is essentially an intangible property. As long as it is not your own property or the property of others, it is owned by the owner, and it cannot be used casually, and it does not necessarily need to be marked. Therefore, as long as you quote a work created by others rather than yourself, you should think that the work is protected by copyright and should be authorized unless you can confirm that the work has passed the copyright protection period. Secondly, the copyright law also stipulates the issue of fair use: Article 22 of the copyright law stipulates: to study, study or appreciate the use of published works by others for individuals; For the purpose of introducing, commenting on works or explaining problems, you may cite published works of others in your works without permission and without paying remuneration to the copyright owner, provided that the author's name and the title of the works are clearly stated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed. How to prove that you enjoy the copyright of a work is the most direct way. In addition, the copyright certificate of a work obtained through copyright registration, or the submission of a manuscript of a work claiming copyright, a certificate issued by a certification body, a contract for obtaining rights, etc., will be presumed to be the copyright owner. Therefore, it is best to register the copyright of your photos in time after taking photos, so that when you find that you are infringed by others, you can further protect your photos and immediately defend your rights. How to protect the copyright of photos? For more information, please call Bajie Intellectual Property Online Customer Service. Bajie Intellectual Property Intellectual Property Focus: the business direction of trademark, patent, copyright, domain name and other intellectual property rights. The main business includes conventional intellectual property rights, foreign-related intellectual property rights and intellectual property transactions. Internet plus's dark horse enterprises in intellectual property industry.
How to apply for intellectual property protection;
1. Apply for authorization.
2. Pay the annual patent fee in time to keep the patent valid.
3, involving import and export trade for customs record, to prevent foreign infringement.
4. Open up overseas markets, apply for PCT or direct national application, conduct international registration of trademarks, and protect the patent rights of exporting countries.
5. When being infringed, bring an infringement lawsuit to the court, demanding to terminate the infringement and get compensation. The process of software copyright registration is complicated, and it is easy to delay the deadline if it is handled by itself. Express legal affairs provides professional copyright registration application services and handles registration matters quickly.
As intangible assets, intellectual property plays an important role in the development of enterprises and is the core competitiveness of enterprises. Enterprises need to protect their intellectual property rights in a timely manner according to their own needs and capabilities. Generally speaking, for a start-up company, before registering a trademark, it is necessary to determine the product and brand of the enterprise, and when there is infringement, it will promptly defend its rights through administrative and judicial channels.
Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of color and shape and pattern.
As intangible assets, intellectual property plays an important role in the development of enterprises and is the core competitiveness of enterprises. Enterprises need to protect their intellectual property rights in a timely manner according to their own needs and capabilities. Generally speaking, for a start-up company, before registering a trademark, it is necessary to determine the product and brand of the enterprise, and when there is infringement, it will promptly defend its rights through administrative and judicial channels.
Different ways of intellectual property protection are different, and the application conditions of intellectual property protection are also based on specific laws and regulations. Take trademark registration as an example to introduce the application conditions for trademark registration:
With regard to trademark applicants, Article 4 of the Trademark Law stipulates that enterprises, institutions and individual industrialists and businessmen who need to obtain the exclusive right to use a trademark for the goods they produce, manufacture, process, select and distribute shall apply to the Trademark Office for trademark registration, that is, the scope of trademark registration applicants:
Must be enterprises, institutions, social organizations, individual industrial and commercial households, individual partnerships and foreigners or foreign enterprises that meet the provisions of the Trademark Law. Two or more natural persons, legal persons or other organizations may apply to the Trademark Office for registration of the same trademark and jointly enjoy and exercise the exclusive right to use the trademark.
With regard to trademarks, the Trademark Law stipulates that a trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others.
The protection of intellectual property rights is the driving force for the long-term development of enterprises from their own point of view. Entrepreneurs need to pay attention to the protection of intellectual property rights at the beginning of their business, from the most basic personal registration to all-round protection.
Characteristics of intellectual property management objects:
Immaterial
1. The intangible nature of the object of intellectual property management is the essential feature that distinguishes it from tangible property.
2. The object of intellectual property management, that is, certain information, is intangible and immaterial. Its existence does not have the form of solid, liquid or gas, and it does not occupy a certain space.
3. As the object of property ownership management, things can generally be possessed by specific people; As the object of intellectual property rights, information can't be possessed by a specific person. They may be copied infinitely, so it may be possessed by an infinite number of people.
(2) Creativity
1, the purpose of intellectual property law is to encourage people to constantly create new knowledge and skills, so the intellectual achievements protected by the previous intellectual property law are mainly creative intellectual achievements.
2. Creativity is the condition for intellectual achievements to be protected by intellectual property rights, and the creativity required by law is different for different protected objects.
3. Inventions protected by patents require the highest creativity, followed by works protected by works. Trademark law does not require creativity for trademarks, but the design and selection of trademarks are also the embodiment of creativity, and trade secrets reflect a certain degree of creativity.
(3) Openness
1. Openness is the prerequisite for most intellectual property owners to obtain intellectual property rights.
2. Among all kinds of intellectual property rights, most of their objects show the characteristics of openness.
(4) reproducibility
1, intellectual achievements can become the object of property rights because intellectual achievements can be fixed and copied by some tangible things.
2. Only when intellectual achievements can be copied can they be widely disseminated, promote the continuous progress of human science, technology and culture, and bring economic benefits to obligees and realize their labor value.
legal ground
:
Article 123 of the Civil Code of People's Republic of China (PRC)
Civil subjects enjoy intellectual property rights according to law. Intellectual property rights are the exclusive rights enjoyed by the obligee to the following objects according to law:
(1) works;
(2) Inventions, utility models and designs;
(3) Trademarks;
(4) Geographical indications;
(5) Business secrets;
(6) Layout design of integrated circuits;
(7) New plant varieties;
(8) Other objects prescribed by law.