New plant variety rights, patent rights, copyrights, design rights, trademark rights, etc. all belong to intellectual property rights in a broad sense
The differences are as follows:
Intellectual property rights include : Industrial property rights and copyright (called copyright in our country) are two parts.
Industrial property rights
Invention patents, trademarks and industrial designs constitute industrial property rights. Industrial property rights include patents, trademarks, service marks, manufacturer names, names of origin, suppression of unfair competition, new plant variety rights and exclusive rights to integrated circuit layout designs, etc. Main types: 1. Trademark right refers to the exclusive right granted by the trademark authority to the trademark owner in accordance with the law to protect its registered trademark under national law. A trademark is a commercial sign used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional signs, color combinations, or a combination of the above elements. To obtain trademark rights in my country, the trademark registration procedure must be followed, and the first-to-file principle must be implemented. Trademark is an identification mark in industrial activities, so the role of trademark rights is mainly to maintain order in industrial activities, which is different from the role of patent rights, which is mainly to promote the development of industries. 2. Patent rights and patent protection refer to the exclusive rights granted to the patent applicant within a specified period of time after an invention-creation submits a patent application to the National Patent Office and passes the examination in accordance with the law. According to my country’s patent law, there are three types of inventions, namely inventions, utility models and designs. After an invention or utility model patent is granted patent rights, the patentee has exclusive rights to the invention and creation. No unit or individual may exploit the patent without the permission of the patentee, that is, they may not manufacture, use, or use the patent for production and business purposes. Promise to sell, sell and import its patented products. After the design patent right is granted, no unit or individual may implement the patent without the permission of the patentee, that is, they may not manufacture, sell or import the patented products for production and business purposes. Without the permission of the patentee, the exploitation of the patent will infringe the patent rights. If a dispute arises, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may sue the People's Court or request management. The department handles patent work. Of course, there are exceptions to non-infringement, such as right of prior use and use for scientific research purposes. Patent protection adopts a protection model of "two channels, parallel operations, and judicial protection" of judicial and administrative law enforcement. Administrative protection in this region adopts the form of patent enforcement in the form of roving enforcement and joint enforcement, concentrating efforts and focusing on intensifying the crackdown on group infringement, repeated infringement and other phenomena that seriously disrupt the patent legal environment. 3. Trade name rights. That is, the manufacturer's name right is a right to use one's registered trade name (manufacturer name, company name) without interference from others. An enterprise's trademark right cannot be equated with an individual's name right (a type of personality right). In addition, appellations of origin, proprietary technology, anti-unfair competition, etc. are also stipulated in the Paris Convention, but appellations of origin are not intellectual achievements, and proprietary technologies and unfair competition can only be protected by the Anti-Unfair Competition Law and are generally not included. into the scope of intellectual property rights.
Copyright (copyright)
Works in the natural sciences, social sciences, literature, music, drama, painting, sculpture, photography and film photography constitute copyright. Copyright is the legally stipulated right for a certain unit or individual to print, publish and sell a certain work. Anyone who wants to copy, translate, adapt or perform must obtain the permission of the copyright owner, otherwise it will be an infringement of the rights of others. Behavior. The essence of intellectual property rights is to treat human intellectual achievements as property. Copyright is a civil right enjoyed by original authors of literary, artistic, scientific and technological works in accordance with the law. Copyright: In my country, when copyright is used in a broad sense, it includes (in a narrow sense) copyright, neighboring rights, computer software copyright, etc., which fall within the scope of the Copyright Law. This is the exclusive right of the copyright owner to exclusively exploit the work (work). Copyright in the narrow sense is further divided into the right to publish, the right to authorize, the right to modify, the right to protect the integrity of the work, the right to use and the right to receive remuneration (Article 10 of the Copyright Law). Copyright is divided into personal rights and property rights. Copyright, patent rights, and trademark rights sometimes overlap, which is a characteristic of intellectual property rights. Copyright: 1: Copyright arises from the date of completion of the creation of the work. 2: Also called copyright.
Divided into moral rights and property rights. Among them, the connotation of moral rights of works includes the right of publicity, the right of name expression, and the right to prohibit others from using the work in a distorted or altered manner to damage the reputation of the author. 3: Have the following rights: (1) The right of publication, which is the right to decide whether the work will be made public; (2) The right of signature, which is the right to indicate the identity of the author and sign the work; (3) The right of modification, which is the right to modify or authorize others to make changes The right to modify the work; (4) The right to protect the integrity of the work, that is, the right to protect the work from distortion or tampering; (5) The right to reproduce, that is, the right to reproduce the work by printing, copying, rubbing, recording, videotaping, dubbing, or photocopying, etc. The right to make one or more copies; (6) Distribution right, that is, the right to provide the original or copies of the work to the public by selling or donating it; (7) Rental right, that is, allowing others to temporarily use the film work and similar Rights to works created using filmmaking methods and computer software, except where computer software is not the main subject of rental; (8) Exhibition rights, that is, the right to publicly display originals or copies of fine arts and photographic works; (9) Performance rights , that is, the right to publicly perform works, and to publicly broadcast the performance of works by various means; (10) Projection rights, that is, to publicly reproduce works of art, photography, movies, and works created by methods similar to filmmaking through projectors, slide projectors and other technical equipment (11) Broadcasting rights, that is, the public broadcast or dissemination of works by wireless means, the dissemination of broadcast works to the public by wired dissemination or rebroadcasting, and the use of loudspeakers or other similar means of transmitting symbols, sounds, and images. The right to use tools to disseminate broadcast works to the public; (12) Information network dissemination rights, that is, the right to provide works to the public in wired or wireless ways, so that the public can obtain the works at a time and place of their personal choosing; (13) ) The right to film, that is, the right to fix the work on a carrier by making a movie or using a method similar to making a movie; (14) The right to adapt, that is, the right to change the work and create a new work with originality; (15) The right of translation, that is, the right to convert a work from one language into another; (16) The right of compilation, that is, the right to assemble a work or fragments of a work into a new work by selecting or arranging it; (17) Should Other rights enjoyed by the copyright owner. What copyright should protect is the expression of ideas, rather than protecting the ideas themselves, because while protecting exclusive private property rights such as copyright rights, the accumulation of human civilization and the dissemination of knowledge and information must also be taken into account, so that algorithms and mathematical methods , technology or machine design are not protected by copyright.
[Edit this paragraph] Characteristics
Characteristics of intellectual property (1) Intellectual property is a kind of intangible property. (2) Intellectual property rights are proprietary. (3) Intellectual property rights have the characteristics of timeliness. (4) Intellectual property rights have regional characteristics. (5) The acquisition of most intellectual property rights requires legal procedures. For example, the acquisition of trademark rights requires registration. 1. Exclusiveness, that is, exclusivity or monopoly; no one other than the right holder may enjoy or use the right except with the consent of the right holder or as required by law. This indicates that the rights holder’s exclusive or monopolized exclusive rights are strictly protected from infringement by others. Only through legal procedures such as "compulsory licensing" and "expropriation" can the exclusive rights of the right holder be changed. The object of intellectual property is the intellectual achievement of a person, not a person or personality, nor an external tangible or intangible object, so it cannot belong to either personality rights or property rights. On the other hand, intellectual property rights are a complete right, but the interests that are the content of the rights are both economic and non-economic. Therefore, intellectual property rights cannot be said to be a combination of the two types of rights. For example, it is wrong to say that copyright is a combination of personal rights (or moral rights, moral rights) and property rights. Intellectual property rights are rights with relatively complex content (multiple rights) and both economic and non-economic aspects. Therefore, intellectual property rights should stand side by side with personality rights and property rights and form a category of their own. 2. Regionality, that is, it is only valid within the recognized and protected region; that is, unless an international convention or bilateral reciprocity agreement is signed, a certain right protected by the law of a country will only have legal effect within the scope of that country. Therefore, intellectual property rights are both regional and, under certain conditions, international.
3. Timeliness, that is, protection is only provided within a specified period. That is to say, the legal protection of various rights stipulates a certain validity period. The length of the protection period may or may not be the same in the laws of various countries. Only when participating in an international agreement or making an international application can a certain right be unified. Protection period. 4. Intellectual property rights are absolute rights, which are similar to ownership in property rights in some respects. For example, they are the right to directly control the object, which can be used, benefited from, disposed of, and controlled by others (but no possession issues arise); Exclusive; transferable (including inheritance), etc. 5. Intellectual property rights are restricted by law in several aspects. Although intellectual property rights are private rights, and although the law also recognizes their exclusive exclusivity, because people's intellectual achievements are highly public and closely related to the development of society, culture and industry, they should not be monopolized by anyone for a long time. , so the law stipulates many restrictions on intellectual property rights: First, from the perspective of the occurrence of rights, the law stipulates various positive and negative conditions and methods of publicity. For example, the occurrence of patent rights must be subject to application, examination and approval. There are various conditions for inventions, utility models and designs that are granted patent rights (Articles 22 and 23 of the Patent Law). Patent rights are not granted for certain matters. (Article 25 of the Patent Law). Although there are no restrictions on application, examination, or registration for copyright, there are restrictions under Articles 3 and 5 of the Copyright Act. Second, the law has special provisions on the duration of rights. This is the big difference between intellectual property and ownership. Third, the right holder has certain obligations to use or implement. The law provides for a compulsory licensing or compulsory enforcement licensing system. Regarding copyright, the law also provides for a fair use system. 6. Legal characteristics of intellectual property rights. Legally speaking, intellectual property rights have the three most obvious legal characteristics: First, the territorial nature of intellectual property rights, that is, except for international conventions or bilateral or multilateral agreements, rights acquired in accordance with the laws of a country can only be obtained in that country. It is valid within the country and protected by the laws of that country; secondly, the exclusivity of intellectual property rights, that is, only the right holder can enjoy it, and others may not exercise their rights without the permission of the right holder; thirdly, the timeliness of intellectual property rights, the laws of various countries have different provisions on intellectual property rights. After a certain period of time, the rights will automatically terminate. The person in charge of the Intellectual Property Department of Lantai Law Firm, which focuses on the legal protection of intellectual property rights, said, “Intellectual property rights refer to the exclusive rights enjoyed by citizens, legal persons or other organizations in accordance with the law in the intellectual achievements completed by creative labor, and are protected by law. Protected and inviolable.”