1. What are the laws and regulations protecting intellectual property rights?
The Civil Code of People's Republic of China (PRC) (effective) stipulates six types of intellectual property rights and the civil law protection system of intellectual property rights.
The Criminal Law of People's Republic of China (PRC) stipulates the relevant contents of intellectual property crimes in eight articles, thus defining the criminal law protection system of intellectual property rights in China.
The Trademark Law of People's Republic of China (PRC) has been revised for three times, and the well-known trademark identification and protection regulations, the Supreme People's Court's interpretation of some issues concerning the application of laws in the trial of trademark civil disputes and other laws and regulations have comprehensively protected trademarks.
The Patent Law of People's Republic of China (PRC) has been revised three times, including Detailed Rules for the Implementation of the Patent Law, Measures for the Administration of Patent Work in Enterprises (for Trial Implementation), Provisions of the Supreme People's Court on Applicable Laws for Stopping Patent Infringement before Litigation, Interpretation of the Supreme People's Court on Applicable Laws for Trial of Patent Infringement Disputes and Several Provisions on Applicable Laws for Trial of Patent Disputes.
People's Republic of China (PRC) Copyright Law, the latest Regulations on the Implementation of Copyright Law, the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Laws in the Trial of Copyright Civil Disputes, and the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Laws in the Trial of Computer Network Copyright Disputes all protect copyright and network copyright at the judicial level. The Notice on Regulating the Order of Reprinting Copyright on the Internet stipulates that online media should make provisions on reprinting other people's works.
The Regulations on the Protection of Computer Software in People's Republic of China (PRC) has been revised twice to protect computer software and related issues.
The Regulations on the Protection of New Plant Varieties in People's Republic of China (PRC) provides legislative protection for plant varieties.
The Law of People's Republic of China (PRC) on Promoting the Transformation of Scientific and Technological Achievements provides a guarantee for promoting the transformation of intellectual property rights into social production.
The Anti-Unfair Competition Law of People's Republic of China (PRC) clearly regulates acts of unfair competition and provides supplementary legislative protection for intellectual property rights in packaging, decoration and trade secrets.
The Tort Liability Law of People's Republic of China (PRC) stipulates the types of civil tort and the corresponding tort liability.
With the implementation of the Interim Measures for the Administration of Online Commodity Trading and Related Services, online shop opening has officially entered the "real-name registration system" era.
Intellectual property protection of product design is realized through other specific intellectual property rights.
Second, the 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.
To sum up, China's laws related to intellectual property protection are still very comprehensive. As the basic law of China, criminal law also makes relevant provisions on intellectual property protection, so no matter what field the infringer is in, as long as he infringes on the intellectual property rights of others, he will be punished accordingly. The above is the content compiled by Bian Xiao. There are online lawyers. If you have any questions, please feel free to consult.