From the legal point of view, scientific and technological activities are the creation of human intelligence, so intellectual workers enjoy a right to their achievements according to law, which is the research content of intellectual property rights.
It is a legal problem that society often encounters in the process of operation. Intellectual property legislation is the legal guarantee of modern scientific and technological activities. As early as 1623 and 1709, in order to encourage people to carry out scientific and technological innovation activities, Britain promulgated the Monopoly Law to protect scientific and technological inventions and the Anna Law to protect authors' rights.
Established the earliest patent and copyright protection system. From 65438 to 0804, France promulgated the Napoleonic Code, which confirmed for the first time that trademark rights should also be protected as intellectual property rights. Since then, most countries in the world have successively formulated their own patent law, trademark law and copyright law, and gradually formed an international intellectual property protection system.
Such as the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works and the madrid agreement concerning the international registration of marks. In particular, the Agreement on Trade-related Intellectual Property Rights completed by 1993 linked intellectual property rights with international trade issues for the first time, ending the situation that GATT only protected dynamic goods in the past.
Almost all forms of intellectual property, including patents, trademarks, copyrights, trade secrets, etc. , have been included in the scope of protection, in terms of the duration of protection, the scope of rights, the provisions of use, etc., have greatly exceeded any existing international convention. Its formation is not only a summary and development of the international intellectual property protection system in the past two centuries, but also its influence will be greater than any previous intellectual property protection agreement, because more than 65,438+000 countries have joined GATT, thus raising the internationalization of intellectual property protection to a new level.
China since 1984.
In a short period of more than ten years, People's Republic of China (PRC) Patent Law, People's Republic of China (PRC) Trademark Law, People's Republic of China (PRC) Copyright Law, Technology Contract Law and Science and Technology Progress Law have been promulgated successively, and a systematic and perfect legal system for science and technology has been established, and a number of international intellectual property protection conventions have been acceded to, providing a good operation for ensuring scientific and technological innovation activities.
Establishment and perfection of intellectual property system.
It marks the social recognition of scientific discovery, technological invention and even the value of general knowledge products.
It is a necessary legal guarantee to encourage scientific and technological innovation.
The right to enjoy literary, artistic and scientific works; The right to perform, record and broadcast; Invention rights in all fields; Design right; The rights of trademarks, service marks, manufacturers' names and marks; Stop unfair competition of tree species; The right to enjoy the fruits of all other intellectual activities in the industrial, scientific, literary or artistic fields. To sum up, the contents of intellectual property rights include industrial property rights, copyright and high-tech property rights.
Industrial property right is industrial ownership, and the scope of "industrial property right" here includes industries such as industry, agriculture, transportation, mining, commerce and science and technology departments. Specifically, it refers to a right that people should enjoy when doing creative work based on intelligence in production activities. In a narrow sense, the content of industrial property rights mainly refers to patent rights and trademark rights; Broadly speaking, according to the provisions of the Paris Convention for the Protection of Industrial Property.
The contents of industrial property rights should include invention patents, utility model patents, design patents, trademarks, service marks, names of manufacturers, source marks, names of countries of origin, and prevention of unfair competition.