Independent/intellectual property rights
definition
In the Guide to Identification of Independent Intellectual Property Rights, which is studied by the Ministry of Science and Technology, independent intellectual property rights are defined as follows: The so-called independent intellectual property rights refer to the ownership of a technological intellectual asset legally owned by China citizens (natural persons), legal persons or unincorporated units through their leading research and development or design and creation activities. Including intellectual property rights purchased from natural persons, legal persons or unincorporated units in other countries. Independent intellectual property rights include the autonomy of the right subject and the autonomy of the right object. The so-called autonomy of will refers to the right of the obligee to independently realize the property value of an intellectual property asset without being influenced by the original obligee of the relevant intellectual property. Independent intellectual property rights can be divided into independent research and independent ownership: independent research mainly refers to an exclusive right enjoyed by citizens, enterprises as legal persons or unincorporated institutions in a country for their independent research, development and production of "knowledge products". Have,
Broadly speaking, independent intellectual property rights can be obtained not only through independent research, but also through the purchase of patents, know-how, trademarks, software and other rights of other countries or others.
Generally speaking, independent intellectual property rights must be industrial property rights, such as trademark rights and patent rights, which can only be owned by a specific independent single social subject and have the right to decide how to use them independently according to law. Independent intellectual property rights is a concept with China characteristics. It is a new proposition in the era of knowledge economy, which has four characteristics: localization of subject, internalization of ownership, integration of power and publicity of private rights. In the real social and economic life, any social actor can obtain the exclusive possession and exclusive use of a specific intellectual property right through other means such as buyout. Sometimes, this kind of exclusive possession and exclusive use right can be regarded as the realization of "autonomy" of intellectual property rights, that is, the right to possess an intellectual property right and decide how to use it independently. But this is only one aspect of the problem. On the other hand, as a more realistic and practical independent intellectual property right, it refers to the intellectual property right obtained by a specific social actor, such as an enterprise, through its own personnel and using its own material conditions, after making certain behaviors, such as technological innovation and development, and obtaining certain intellectual achievements.
trait
The original acquisition of "independent intellectual property rights", that is to say, mainly through self-research, commissioned research and development, cooperative research and development and other original acquisition methods.
"Independent intellectual property rights" require that the creative behavior of intellectual property owners be included in knowledge products. Creativity includes groundbreaking inventions and creations, as well as improvements and combinations based on the original technology.
The state's recognition of the acquisition and existence of "independent intellectual property rights" means the need to recognize the rights of relevant state institutions.
correct
Enterprises registered in China (excluding Hong Kong, Macao and Taiwan) have independent intellectual property rights on the core technologies of their main products (services) in the past three years through independent research and development, transfer, donation, merger and acquisition, or through exclusive licenses for more than five years;
The "exclusive license" mentioned in the "Guidelines for the Identification and Management of High-tech Enterprises" means that the technology recipient enjoys the exclusive right to use intellectual property rights (patents, software copyrights, exclusive rights of integrated circuit layout design, new plant varieties, etc.). It is stipulated in the agreement that it will last for more than five years on a global scale, during which time technology suppliers and any third party are not allowed to use the technology.
The core independent intellectual property rights recognized by high-tech enterprises must be registered in China, or enjoy the global exclusive license for more than five years (the validity of high-tech enterprises should be within the exclusive license period of more than five years), and within the effective protection period of China laws.
Extended reading:
Intellectual property declaration process
What is arbitration of intellectual property contract disputes?
How to carry out intellectual property agency
IPR