The object of intellectual property rights is intellectual achievements, which are embodied in inventions, works, trade secrets and databases. If we study these intellectual achievements, we will find that the object of intellectual property refers to the spiritual products created by people in the fields of science, technology and culture, that is, knowledge products. Knowledge products are objects of civil rights that coexist with material products (i.e. things in the sense of civil law).
One,
Intellectual property law includes which of the following laws?
Intellectual property is the ownership of the results produced by intellectual labor, and it is an exclusive right granted to qualified authors, inventors or owners of results in a certain period of time according to the laws of various countries. It has two types, one is copyright, and the other is industrial property right.
(1) Copyright
Copyright, also known as copyright, refers to the property rights and spiritual rights that natural persons, legal persons or other organizations enjoy in accordance with the law for literary, artistic and scientific works. Mainly including copyright and neighboring rights related to copyright; Usually, what we call intellectual property mainly refers to the copyright of computer software and the registration of works.
(2) Industrial property rights
Industrial property right refers to an intangible property right with practical economic significance in industries such as industry, commerce, agriculture and forestry, so the name of industrial property right is more appropriate. It mainly includes patent right and trademark right.
Intellectual property law includes
Second,
What are the rights of intellectual property?
(1) patent right
1. Definition of patent right: A patent right is the right granted to an inventor or unit to monopolize, use and dispose of an invention-creation achievement according to law.
2. The subject of patent right: the person who has the right to file a patent application and patent right and undertake corresponding obligations, including natural persons and legal persons.
3. Objects of patent right: inventions, utility models and designs;
4. The rights of the patentee: the exclusive right to use, the right to license, the right to transfer, the right to give up and the right to mark.
5. Obligations of the patentee: the obligation to exploit the patent and the obligation to pay the annual fee.
(2) Trademark right
1. Definition of trademark right: A trademark is a mark specially designed and consciously placed on the surface of a commodity or its packaging to help people distinguish different commodities. Trademark right refers to the exclusive right to use a trademark enjoyed by the trademark user according to law.
2. Subject of trademark right: the legal person or natural person who applied for and obtained the trademark right.
3. The object of trademark right: a trademark protected by the Trademark Law is a registered trademark, including a commodity trademark and a service trademark, after being approved and registered by the State Trademark Office.
4. Rights of trademark owners: right to use, right to prohibit, right to transfer and right to license.
5. Obligation of the trademark owner: guarantee the quality of the goods using the trademark, and have the obligation to pay the prescribed fees.
(3) Copyright
1. Definition of copyright: Copyright, also known as copyright, is the exclusive right enjoyed by citizens, legal persons or unincorporated units for their own literary, artistic, natural science and engineering technical works according to law.
2. Subject of copyright: refers to the copyright owner, that is, the copyright owner. Including authors, successors of copyright, legal persons or unincorporated units and countries.
3. The object of copyright refers to various works protected by copyright. Works that can enjoy copyright protection involve literary, artistic and scientific works, which are intellectual achievements created by the author and fixed in some form and can be copied.
4. Personal rights and property rights. Personal rights include the right to publish, the right to sign, the right to modify and the right to protect the integrity of works. Property rights include the right to use and the right to receive remuneration. Intellectual property rights mainly include patent right, trademark right and copyright, but there are also some types that are regarded as intellectual property rights in law. The so-called intellectual property rights, that is, novels, inventions, trademarks, etc. Registered by others and approved by the state, no one may use it for commercial purposes without his consent.
Intellectual property refers to the exclusive right that people enjoy according to law for their intellectual labor achievements, usually the exclusive right or exclusive right granted by the state to their intellectual achievements in a certain period of time. It mainly includes copyright, patent right and trademark right.
(1) Intellectual property is an intangible property.
(2) Intellectual property rights are exclusive.
⑶ Intellectual property rights have the characteristics of timeliness.
(4) Intellectual property rights are regional.
The acquisition of most intellectual property rights requires legal procedures.
Legal basis:
Article 123 of the Civil Law of People's Republic of China (PRC) stipulates: "Civil subjects shall enjoy intellectual property rights according to law. Intellectual property rights are the exclusive rights enjoyed by the obligee to the following objects according to law:
(1) works;
(2) Inventions, utility models and designs;
(3) Trademarks
(4) Geographical indications;
(5) Business secrets;
(6) Layout design of integrated circuits;
(7) New plant varieties;
(8) Other objects prescribed by law. "
Article 123 of the Civil Code stipulates: "Civil subjects enjoy intellectual property rights according to law. Intellectual property rights are the exclusive rights enjoyed by the obligee to the following objects according to law:
(1) works;
(2) Inventions, utility models and designs;
(3) Trademarks;
(4) Geographical indications;
(5) Business secrets;
(6) Layout design of integrated circuits;
(7) New plant varieties;
(8) Other objects prescribed by law. "
Article 11 of the Intellectual Property Law of the People's Republic of China belongs to the author, except as otherwise provided in this Law. The citizen who creates a work is the author. A work presided over by a legal person or entity without legal personality, created on behalf of the will of the legal person or entity without legal personality and in the charge of the legal person or entity without legal personality is regarded as the author. If there is no proof to the contrary, the signed citizen, legal person or unincorporated entity shall be the author.
Article 12 The copyright of a work produced by adapting, translating, annotating or arranging an existing work shall be enjoyed by the person who adapted, translated, annotated or arranged it, but the exercise of copyright shall not infringe the copyright of the original work.