Intellectual property rights: also known as "intellectual property rights", refers to "the property rights enjoyed by the obligee on the intellectual labor achievements created by him", which is generally only valid for a limited period of time. All kinds of intellectual creations, such as inventions, literary and artistic works, and signs, names, images and designs used in business, can be regarded as intellectual property rights owned by a certain person or organization. According to Professor MarkLemley of Stanford University Law School, the word "intellectual property" was widely used after the establishment of 1967 World Intellectual Property Organization.
Intellectual property is the exclusive right of intellectual labor achievements created by human beings in social practice. With the development of science and technology, in order to better protect the interests of property owners, the intellectual property system came into being and was constantly improved. Nowadays, there are more and more violations of intellectual property rights such as patents, copyrights and trademarks. The modern patent system came into being in the first half of17th century. A hundred years later, the "patent specification" system came into being; More than a hundred years later, the system of "patent claim" came into being for the need of the court to deal with infringement disputes. 2 1 century, intellectual property is closely related to human life, and it is ubiquitous. We can see its important role in business competition.
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.
Basic forms of rights protection of animation products;
1. Four basic links of the animation industry chain: comics (books, newspapers and periodicals)-animation (movies, television, audio-visual products)-stage play (role-playing)-development of peripheral products such as online animation, games and toys.
2. Animation products in China's current intellectual property legal system mainly include the following forms of rights: (1) In terms of copyright protection, animation images, plots, dramas, software programs, documents, etc. in animation products are original and can be reproduced in tangible forms, which conforms to the constitutive requirements of "works" in China's copyright law. Therefore, the animation product is a kind of work that combines art, music, graphics, photography, computer software, models and other forms. The creator obtains the copyright from the date of completion of the work, without having to perform the necessary administrative licensing or filing procedures. ⑵ In terms of trademark protection, based on typical cartoon images or graphics, after the cartoon works are applied as trademarks, there will be cross-rights, and the recognition function and active protection function of cartoons will be greatly enhanced. Before the cartoon "Detective Vivi Cat" was broadcast, Guangdong Ivy Company applied for registration of cartoon image trademarks such as Vivi Cat, Love Rabbit and Wandou. Because the trademark authorization procedure preliminarily examines its novelty, it is easier to determine the infringement of similar goods without obvious evidence to the contrary. Therefore, it is relatively strong to use trademark rights to seek administrative or judicial channels to safeguard rights. ⑶ In the aspect of patent protection of design, some animation companies apply for design patents for their own animation works in order to stop illegal businesses from infringing on animation derivative products. Animation derivatives have high value and low cost, and piracy is the most rampant, so it needs to be protected. After the design patent is granted, no unit or individual may manufacture, sell or import its patented products for production and business purposes without the permission of the obligee. The requirements for examination of design patents are relatively low, and it only needs to conform to the principle of novelty, without substantive examination, so it is easy to be authorized and more protective. (4) Anti-unfair competition law protection, computer software protection regulations, information network communication rights regulations, etc. 5. In terms of comprehensive protection, some animation works can be protected by copyright, trademark and design. After the animation is digitized and spread on the Internet, it can be protected according to the Regulations on the Right of Network Communication. For the methods and know-how in animation derivative products, we don't intend to apply for patents, or we can protect them in the form of trade secrets before applying for patents.