1. Is intellectual property a civil right?
Intellectual property is a kind of civil rights, but civil rights are not limited to intellectual property rights, but also include property rights and personal rights. Intellectual property rights include copyright, patent right and trademark right.
Article 110 of the Civil Law of People's Republic of China (PRC) stipulates that natural persons enjoy the rights of life, body, health, name, portrait, reputation, honor, privacy and marital autonomy.
Legal persons and unincorporated organizations enjoy the right of name, reputation and honor.
Article 123 stipulates that 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.
2. What are the acts of infringing intellectual property rights?
1. Unauthorized use of identical or similar trademarks, special signs, patents, works and other creative achievements in production, operation, advertising, publicity and performance.
2. Forge or manufacture identical or similar trademarks and special signs without authorization, or sell forged or unauthorized trademarks and special signs.
3, disguised use of the same or similar trademarks, special signs, patents, works and other creative achievements.
4. Unauthorized use of identical or similar trademarks, special signs, patents, works and other creative achievements in the registration of enterprises, social organizations, institutions and private non-enterprise units and in the names of websites, domain names, buildings, structures and places.
5. Providing places, storage, transportation, mailing, concealment and other convenient conditions for infringement.
6. Other infringements in violation of relevant national laws and regulations.
Third, how to deal with intellectual property disputes.
The main ways of intellectual property disputes are negotiation, mediation, administrative handling, arbitration and civil litigation.
Consultation refers to the activities in which after an intellectual property dispute occurs, both parties reach a settlement agreement by themselves through direct consultation and negotiation on the basis of mutual understanding and in accordance with the provisions of relevant laws, so as to solve the dispute.
Mediation refers to the activities that people's courts, arbitration institutions or mediators apply for mediation after an intellectual property dispute occurs, so that the two parties can make concessions to each other on the basis of voluntary consultation and reach an agreement, thus solving the dispute.
Administrative handling refers to the activities of the parties to an intellectual property dispute or an unspecified third party requesting the intellectual property administrative organ to handle their intellectual property dispute or infringement related to intellectual property.
Arbitration refers to a dispute settlement system in which the two parties to an intellectual property dispute reach an agreement on a voluntary basis, submit the dispute to an arbitration institution for trial, and the arbitration institution makes a binding decision on both parties. The parties may require the other party to bear the responsibility or perform the obligation according to the arbitration award or conciliation statement, or may request the people's court to enforce it.
Civil litigation refers to the litigation activities in which the people's courts try and resolve intellectual property disputes with the participation of both parties. The parties may request the people's court to make a judgment or conciliation statement requiring the other party to assume responsibilities or perform obligations, and may request the people's court to enforce it.
Legal objectivity:
Article 123 of the Civil Code of People's Republic of China (PRC) * * * 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 127th of the Civil Code of People's Republic of China (PRC) has provisions on the protection of virtual property of data and network, and those provisions shall prevail. Article 130 of the Civil Code of People's Republic of China (PRC) * * * Civil subjects exercise their civil rights according to their own wishes without interference. Article 132 of the Civil Code of People's Republic of China (PRC) * * * A civil subject shall not abuse civil rights to harm the national interests, social public interests or the legitimate rights and interests of others.