The scope of intellectual property rights in China

1967 The Convention on the Establishment of the World Intellectual Property Organization stipulates that intellectual property rights include the following intellectual creation rights: 1? Literary, artistic and scientific works; 2? Performances by performing artists and recording and broadcasting; 3? Inventions in all fields of human activities; 4? Scientific discovery; 5? Industrial product design; 6? Trademarks, service marks and enterprise names and marks; 7? Stop unfair competition; 8? All other rights arising from intellectual activities in the fields of industry, science, literature and art. As one of the three pillars of the World Trade Organization, the Agreement on Trade-related Intellectual Property Rights stipulates the minimum requirements for its members to protect all kinds of intellectual property rights from seven aspects: copyright and its neighboring rights, trademark rights, geographical indications rights, industrial design, patent rights, layout-design of integrated circuits, and undisclosed information (trade secrets).

Internationally, intellectual property rights are usually divided into two categories: industrial property rights and copyright.

Industrial property rights include patent right, trademark right and anti-unfair competition right. Paragraph 2 of Article 1 of Paris Convention for the Protection of Industrial Property stipulates that the objects of industrial property protection are invention patents, utility models, industrial appearance, trademarks, service marks, shop names, marks of origin or names of origin, and the prevention of unfair competition. The third paragraph stipulates that industrial property rights should be interpreted in a broad sense, which applies not only to industry and commerce itself, but also to agriculture and extractive industries and all manufactured or natural products, such as wine, grain, tobacco leaves, fruits, livestock, mineral products, mineral water, beer, flowers and flour.

The content of copyright (copyright) includes the author's right and the neighboring rights of the work-the right to publish, the right to sign, the right to modify, the right to protect the integrity of the work, the right to use and the right to receive remuneration. Article 1 of the universal copyright convention stipulates that the contracting parties undertake to provide full and effective protection for the rights of literary, scientific and artistic works, including works of writing, music, drama and film, as well as the authors and other copyright owners of paintings, sculptures and sculptures.

Intellectual property rights are exclusive and regional. Its exclusiveness is manifested in the exclusive right within a certain period of time, that is, the intellectual labor achievements of intellectual property rights holders are not allowed to be used and possessed by anyone without their permission, and intellectual property rights can only be granted once. The protection of intellectual property rights is limited by time and region. Intellectual property rights beyond the protection period will enter the public domain and be enjoyed by human beings.

Intellectual property is not naturally owned, and its acquisition needs the confirmation of relevant national laws and certain procedures.