What are the main laws and regulations related to intellectual property protection in China?

Intellectual property laws and regulations

A, comprehensive class:

"General Principles of Civil Law", Chapter 5, Section 3, "Intellectual Property".

Section 7 of Chapter III of the Specific Provisions of Criminal Law "Crime of Infringement of Intellectual Property Rights";

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Infringement of Intellectual Property Rights.

Chapter 18 of the Contract Law "Technology Contract". Chapter V of the Foreign Trade Law "Protection of Intellectual Property Rights Related to Foreign Trade".

Second, the trademark category:

Trademark law and its implementing regulations.

Interpretation of the High Court on the jurisdiction and scope of application of the law in the trial of trademark cases;

Interpretation of the high court on several issues concerning the application of law in the trial of trademark civil disputes.

Provisions on the identification and protection of well-known trademarks; Measures for the administration of the registration of collective trademarks and certification trademarks.

Third, the patent category:

Patent law and its implementing rules.

Provisions of the High Court on the Applicable Law in the Trial of Patent Dispute Cases;

Several provisions of the high court on the application of laws to stop patent infringement before litigation.

National defense patent regulations.

Fourth, copyright category:

Copyright law and its implementing regulations.

Interpretation of the high court on several issues concerning the application of law in the trial of copyright civil disputes;

Interpretation of the High Court on several issues concerning the application of law in the trial of computer network copyright disputes;

Interpretation of the high court on several issues concerning the application of law in the trial of civil disputes involving computer network domain names.

Regulations on collective management of copyright;

Regulations on the protection of computer software;

Regulations on the protection of information network communication rights.

Verb (abbreviation for verb) trade secret:

Anti-unfair competition law.

Several provisions on prohibiting infringement of trade secrets.

Six, the right to new plant varieties:

Regulations on the protection of new plant varieties and its implementing rules (agriculture, forestry).

Interpretation of the high court on several issues concerning the trial of disputes over new plant varieties.

Seven, special signs:

Regulations on the administration of special signs;

Regulations on the protection of Olympic symbols;

Regulations on the protection of world Expo symbols.

Eight, geographical indications:

Trademark law.

Measures for the administration of the registration of collective trademarks and certification trademarks.

Provisions on the protection of geographical indication products.

Nine, the exclusive right of integrated circuit layout design:

Regulations on the protection of layout design of integrated circuits and its implementing rules.

Notice of the High Court on Trial of Integrated Circuit Layout Design Cases.

Regulations on the protection of layout design of integrated circuits.

X. other categories:

Regulations on customs protection of intellectual property rights;

Measures for the implementation of the regulations of People's Republic of China (PRC) Municipality on customs protection of intellectual property rights.

Measures for the protection of intellectual property rights in exhibitions.

Extended data:

Main types of intellectual property rights:

1, trademark right

Refers to the exclusive right given by the national law to the trademark authority to protect the registered trademark of the trademark owner. A trademark is a commercial symbol used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional symbols, color combinations or combinations of the above elements.

2. Patent right and patent protection

Refers to the invention-creation that has filed a patent application with the State Patent Office and passed the examination according to law, and granted the patent applicant the exclusive right to invention-creation within a specified time. According to the regulations of China, there are three types of inventions, namely, inventions, utility models and designs.

3. Trade name right

In other words, the manufacturer's name right is the right to use its registered trademark name (manufacturer's name, enterprise name) without interference from others.

The trademark right of an enterprise cannot be equated with the right of personal name (a kind of personality right). ? In addition, such as the name of origin, know-how and anti-unfair competition are also stipulated in the Paris Convention, but the name of origin is not an intellectual achievement, and know-how and unfair competition can only be protected by the anti-unfair competition law, generally not included in the scope of intellectual property rights.

China People's Congress Network-People's Republic of China (PRC) Copyright Law