Intellectual property law refers to the general name of legal norms regulating social relations arising from activities such as the ownership, exercise, management and protection of intellectual property rights. The comprehensive and technical characteristics of intellectual property law are very obvious. In intellectual property law, there are both private law norms and public law norms There are both substantive norms and procedural norms.
However, as far as the ownership of legal departments is concerned, intellectual property law still belongs to civil law and is a special law of civil law. Most of the basic principles, systems and legal norms of civil law are applicable to intellectual property rights. The norms of public law and procedural law in intellectual property law serve to confirm and protect the private rights of intellectual property rights and do not dominate.
China's intellectual property law refers to People's Republic of China (PRC)'s intellectual property protection and law enforcement system. Since 1980 joined the World Intellectual Property Organization, China has successively formulated the Trademark Law of People's Republic of China (PRC), the Patent Law of People's Republic of China (PRC), the Technology Contract Law of People's Republic of China (PRC), the Copyright Law of People's Republic of China (PRC) and the Regulations on the Protection of Computer Software.
So as to form a complete legal protection system of intellectual property rights. However, there are still many problems in implementing supervision and ensuring the implementation of various intellectual property legal systems. Relevant laws and regulations only take effect in Chinese mainland.
Relevant laws
The patent law 1984 was promulgated and came into effect in April 1985. The current effective version is the fourth revised version in 2020, which was officially implemented on June 1 2002. The effective implementation rules are 2002 edition, the effective review guide is 2009 edition, and there are 1997 regulations on the protection of new plant varieties and its 2007 edition implementation rules.
As of September 2023, the detailed rules for the implementation of the patent law are still being revised. The Copyright Law was promulgated in 1990, and the current effective version is revised in 20 10. (The effective implementation regulations are the Regulations on the Protection of Computer Software published in 2002, the Regulations on the Protection of Information Network Communication Rights published in 20001and the Regulations on the Protection of Information Network Communication Rights published in 2006).