China National Intellectual Property Administration is the national bureau managed by the ministries and commissions of the State Council, managed by the State Administration of Market Supervision, and the administrative level is the deputy ministerial level.
Second, the characteristics of intellectual property rights
1, the object is immaterial
The objects of intellectual property rights are intangible works, inventions and goodwill. It is invisible and must exist on a certain material carrier. The object of intellectual property is the intangible achievement carried or embodied by the intellectual material carrier. This means that obtaining the material carrier does not mean enjoying the intellectual property rights it carries; Secondly, transferring the ownership of the material carrier does not mean transferring the intellectual property rights it carries at the same time; Finally, infringing on the ownership of the material carrier does not mean infringing on the intellectual property rights it carries at the same time.
2. Specific exclusivity
Exclusivity, also known as exclusivity, means that without the permission of the intellectual property owner or the special provisions of the law, others may not carry out acts controlled by the exclusive right of intellectual property, otherwise it will constitute infringement. There are many differences between the exclusivity of intellectual property rights and the exclusivity of real rights, as follows:
(1) Exclusivity comes from different sources. Because intangible things such as works, inventions and creations cannot be possessed like things, it is difficult for people to naturally form the concept that the use of intellectual property rights should be monopolized by creators or creators. On the contrary, the exclusiveness of intellectual property rights comes from the mandatory provisions of law;
(2) Different forms of infringement of exclusivity have different methods to protect exclusivity. The exclusivity of infringing property rights is generally manifested in stealing, robbing, destroying or occupying things in other ways, while the exclusivity of infringing intellectual property rights is generally irrelevant to the material carrier bearing intellectual achievements, which is manifested in the act of controlling the exclusive right of intellectual property rights without the permission of the intellectual property right holder or the lack of special legal provisions;
(3) The restrictions on exclusivity are different. Intellectual property rights are more restricted than property rights. For example, the copyright law stipulates "fair use" and "legal license", which all constitute restrictions on the exclusivity of copyright. In addition, there are timeliness and geographical restrictions.
Step 3 be timely
The temporality of intellectual property rights means that the protection period of most intellectual property rights is limited, and once it exceeds the protection period stipulated by law, it will no longer be protected. Creative achievements will enter the public domain and become public resources that everyone can use; Trademark registration also has legal time effect. If the obligee fails to renew the registration upon expiration, it will also enter the public domain.
4. Regionality
Unless there are special provisions in international treaties, bilateral or multilateral agreements, the effectiveness of intellectual property rights is limited to domestic territory. The reason is that intellectual property is a legal right and a product of a country's public policy, which can only exist through the mandatory provisions of the law. The scope and content of their rights also depend entirely on the provisions of domestic laws, and different countries have different provisions on the acquisition and protection of intellectual property rights. Therefore, the intellectual property rights of one country cannot be automatically protected in other countries except copyright.
Third, the relief of intellectual property rights.
Temporary measures refer to the measures taken by the court to protect the interests of the parties before making a final judgment on the merits of the case. In many cases, this measure is very important to stop the ongoing or imminent infringement, preserve important evidence, and prevent the damage from further expanding and causing irreparable losses. China's copyright law, patent law and trademark law stipulate pre-litigation preservation measures and litigation preservation measures.
1, behavior preservation
Intellectual property rights holders have evidence to prove that others are committing or will commit acts that infringe upon their rights and hinder their realization. If they do not stop in time, their legitimate rights and interests will be irretrievably damaged, they can apply to the people's court for measures such as ordering or prohibiting certain acts before prosecution.
According to the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Intellectual Property Protection, the following conditions shall be met when taking temporary injunction measures:
(1) Whether the applicant's request is based on facts and laws, including whether the effectiveness of the intellectual property rights requested for protection is stable;
(two) whether the failure to take the behavior preservation measures will cause irreparable damage to the legitimate rights and interests of the applicant or make it difficult to enforce the case ruling;
(three) whether the damage caused to the applicant by not taking the behavior preservation measures exceeds the damage caused to the respondent by taking the behavior preservation measures;
(four) whether the behavior preservation measures harm the public interest;
(5) Other factors that should be considered (such as whether to provide guarantee).
2. Property preservation
Property preservation means that the court takes compulsory measures against the property of the respondent before or during the litigation, according to the application of interested parties, to prevent the parties from disposing of the property for execution after the judgment takes effect and before the judgment takes effect. In order to stop the infringement, the intellectual property right holder may apply to the people's court for evidence preservation in accordance with the law before the prosecution, if the evidence may be lost or difficult to obtain later.
3. Evidence preservation
Evidence preservation refers to the measures taken by the people's court to protect the evidence in order to ensure its probative force when the evidence may be damaged, lost or difficult to obtain in the future. The significance of evidence preservation is to protect the probative force of evidence, so that the factual materials related to the case can not be obtained or lose their probative effect because of the occurrence of relevant circumstances, so as to meet the needs of intellectual property rights holders to prove the facts of the case and the court to find out the facts of the case.
After accepting the application for property or evidence preservation before litigation, the people's court shall make a ruling within 48 hours, or may require the applicant to provide a guarantee. If the applicant fails to bring a lawsuit within 30 days after taking protective measures, the people's court shall lift the protective measures.
According to the law, China National Intellectual Property Administration is the national bureau managed by the ministries and commissions of the State Council, managed by the State Administration of Market Supervision, and the administrative level is deputy ministerial level. The above is the knowledge about who owns the intellectual property.