1) literary, artistic and scientific works;
2) Performing artists' performances and records and radio programs;
3) Inventions in various 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 creativity in the fields of industry, science, literature and art. ..
In the scope of intellectual property rights stipulated in Article 1 of Part I of the Agreement on Trade-related Intellectual Property Rights (TRIPS) of the World Trade Organization, it also includes "the exclusive right of undisclosed information", which mainly refers to the business secrets and proprietary technologies owned by industrial and commercial operators. In addition, the agreement also lists "layout design right of integrated circuits" as the scope of intellectual property rights.
The above contents are the objects of intellectual property protection stipulated in relevant international conventions. With the rapid development of science and technology, the scope of intellectual property protection is constantly expanding, and new intellectual achievements are constantly emerging, such as computer software, bioengineering technology, genetic technology and new plant varieties. It is also recognized as the object of intellectual property protection in the world today.
Traditional intellectual property rights can be divided into "industrial property rights" and "copyright" (copyright). According to Article 1 of the Paris Convention for the Protection of Industrial Property, industrial property rights include nine contents, such as patents, utility models, industrial designs, trademarks, service marks, names of manufacturers, marks or names of origin, and prevention of unfair competition. In addition, trade secrets, microbial technology, genetic technology, etc. It also belongs to the object of industrial property protection. In recent years, European and American countries can also obtain patent protection of computer software by applying for patents. For the object of industrial property protection, some scholars have proposed that it can be divided into "creative achievement right" and "identification right". Among them, inventions, utility models and industrial designs are the rights of creative achievements, and their intellectual creation is obvious. Invention and utility model are new technical solutions to solve specific problems by using natural laws, while industrial product appearance design is an aesthetic creation to determine the appearance of industrial products, which requires creative labor. The trademark, service mark, manufacturer's name, country of origin mark or country of origin name, and the unique name, packaging and decoration of well-known commodities stipulated in Article 5 of China's Anti-Unfair Competition Law are the rights to identify marks.
Copyright is also called copyright or author's right. Refers to the author's personal rights and property rights to his works. 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 the work and the right to receive remuneration, that is, the right to use the work by copying, performing, playing, exhibiting, distributing, making movies, televisions, videos or adapting, translating, annotating and editing, and the right to allow others to use the work in the above ways and get remuneration from it. As for the object of copyright protection, according to article 2 of the Berne Convention for the Protection of Literary and Artistic Works, it includes: all works in the fields of literature, science and art, regardless of their forms or ways of expression, such as books, pamphlets and other works; Lectures, speeches, real estate and other works of the same nature; Dramatic or musical works; Dance art works and pantomime works; Music with or without words; Film works and works expressed by similar photography methods; Painting, oil painting, architecture, sculpture, carving and printmaking; Photographic works and works expressed by methods similar to photographic art; Sketches, maps, design drawings, sketches and three-dimensional works related to geography, topography, architecture or science.
In addition, computer software and integrated circuit layout design are also listed as works in China and most countries, and become the object content of copyright. A database with originality in content selection and arrangement is regarded as an edited work in many countries and protected by copyright law.
The above is only a brief introduction and classification of the object content contained in industrial property rights and copyrights. A few intellectual achievements can be the object of both types of intellectual property protection at the same time. For example, while computer software and practical works of art belong to copyright protection, right holders can also obtain patents by applying for invention patents and design patents, which becomes the content of industrial property rights protection. In the United States and some European countries, patent protection should not be excluded if the computer software itself contains technical elements and the software can achieve certain technical effects, such as industrial automation control. According to the Convention on the Establishment of the World Intellectual Property Organization, scientific discoveries are classified as intellectual property rights. Article 97 of the General Principles of Civil Law of our country stipulates the legal status of the right of scientific discovery, but it is difficult to attribute it to industrial property rights or copyright. It can be seen that some new intellectual property rights do not necessarily belong to these two categories, and the object of intellectual property protection is the intellectual property rights created by human intellectual labor, especially the intellectual property rights produced by high-tech innovative industries, which take many forms. They are all the fruits of human intellectual labor, and the law gives them civil rights ... the legal shell of intellectual property rights.