Patent right has its obvious characteristics. (1) Patent right is a kind of power endowed by law. The inventor obtained the legal status of his invention through application and examination and approval by the patent office, became a patented invention, and obtained a patent right for it; The generation of this right is different from the natural generation of real right. (2) Patented technology is an intellectual property and an intangible property. Patent right is a special kind of property right. (3) Patent right is an incomplete ownership. The patent right was obtained on the premise that the inventor disclosed the contents of his invention. However, the published knowledge is hardly unique to inventors. (4) Patent right is an exclusive right. Only one company can obtain a patent right for a specific invention. Only the patentee may use the patented invention, and no one else may use the patented invention without the permission of the patentee. (5) Patent right is a regional right. The patent right only takes effect in the area under the jurisdiction of the patent examination and approval authority. (6) Patent right is a right with timeliness. The validity period of the patent right is generally 1020. After this time, the patent right will expire.
According to the creative level and other characteristics of patented technology, patents are usually divided into three types. (1) invention patent. The so-called invention refers to a new technical scheme proposed for a product, method or its improvement. It is a new scheme to solve specific technical problems in practice by using natural laws. Inventions can be divided into two categories: one is product invention, and the result of its invention is a new product; The other is method invention, and the result is a new method of manufacturing products or testing or operating. (2) utility model patents. The utility model is a new practical technical scheme for the shape, structure or combination of products. In fact, the utility model also belongs to an invention. Different from the above invention patents, the utility model is an invention only applicable to products, which can be directly applied and has a low level of creativity (some people call it "small invention"). In practice, there are many "small inventions" of utility models, so a few countries in the world, including China, separate them from inventions and protect them separately. The utility model has low patent requirements, simple examination and approval procedures and low fees, which is conducive to encouraging many small inventors. (3) Design patent. Exterior design refers to a new design that is aesthetically pleasing and suitable for industrial application made by the shape, pattern, color or their combination of financial products. It is different from the utility model. Appearance design mainly focuses on the design of product appearance, while utility model mainly focuses on increasing the use value of products and making them have new functions, mainly focusing on the design of product appearance. The design in the patent is actually an industrial design, which is different from pure works of art. The appearance design in the patent is only reflected in the finished product with independent use. Under the premise of ensuring or not affecting the use of products, it attracts consumers through the design of appearance, pattern and color. Trademark is a remarkable symbol attached by commodity producers or operators to distinguish their own goods from others' goods. Common trademarks are word mark and graphic trademarks. There are three-dimensional trademarks abroad, such as the special shape of Coca-Cola beverage bottles. There are also audio trademarks, smell trademarks and other forms. Trademarks can be roughly divided into three categories: manufacturing trademarks, commercial trademarks and service trademarks.
Trademarks are generally only used for movable and reproducible goods. Trademarks must have distinctive features, that is, the same or similar goods cannot use the same or similar trademarks.
Function of trademark: (1) Distinguishing function, that is, a trademark can indicate the source of a product and distinguish the products of one enterprise from those of another similar enterprise. This is the most basic and important function of a trademark. (2) The function of indirectly marking product quality. Different products come from different sources, and their quality and reputation will be different. As a mark of a product from a specific source, a trademark indirectly reflects the inherent quality of the product. When people buy goods, it is generally impossible to test their internal quality on the spot, but they often choose goods with certain quality according to their own experience and social reputation. (3) advertising function. Because of its simplicity and "distinctiveness", trademarks are most easily remembered by consumers and thus become eye-catching advertisements.
Trademark right. Trademark right is the exclusive right of trademark users to apply for registration and obtain approval from the trademark management department. But in a few countries, the trademark right is obtained because of the first use of the trademark. In China, the acquisition of trademark rights is based on the principle of prior registration. The contents of trademark rights include the right to use, the right to prohibit others from using, the right to transfer, the right to license and the right to give up. Trademark rights are protected by trademark law.
Characteristics of trademark right. (1) Trademark right is an exclusive right. (2) Trademarks are intangible intellectual property rights. Trademark right is a special kind of property right. (3) The trademark right is a kind of time-limited right, which can be extended indefinitely. Unlike the expiration of a patent right, the expiration of a trademark right can be extended, and the number of extensions is not limited. (4) regionality. The trademark right is only valid within the jurisdiction of the registered institution. International convention for the protection of industrial property rights;
Industrial property rights refer to the exclusive rights granted by law to the owners of intellectual products in industrial activities for their creative intellectual achievements. Patent and trademark rights belong to industrial property rights. Industrial property rights and copyrights are collectively referred to as intellectual property rights. They are all protected by special laws. First, it is protected by domestic laws of various countries. However, due to the international trade of goods and technologies, it is necessary to protect industrial property rights internationally. Therefore, the international convention for the protection of industrial property rights came into being. Here is a brief introduction to the relevant conventions to which China has acceded.
1980 In June, China officially became a member of the World Intellectual Property Organization Convention. The Convention entered into force on April 26th. 1970. Its purpose is to promote the protection of intellectual property rights all over the world through intergovernmental cooperation and appropriate cooperation with other relevant international organizations, and to ensure administrative cooperation among intellectual property alliances.
1985 In March, China formally joined the Paris Convention for the Protection of Industrial Property. The Convention was signed in Paris on March 24th, 1883, and it is the earliest international convention to protect trademark rights and patents. The Convention stipulates the specific object of industrial property protection and the applicable principles of national treatment and priority, as well as the same rules that States parties must abide by.
1989 10 in June, China officially joined madrid agreement concerning the international registration of marks. The agreement was signed in Madrid, Spain on April 189 1. It makes specific provisions on the application for international registration of trademarks, the qualifications of applicants, the validity and duration of international registration, and the signs prohibiting the use of trademarks applying for international registration. After China's accession to the Convention, all trademarks registered in China can apply for international registration of trademarks.
1in April, 994, China formally joined the Patent Cooperation Treaty. The treaty was signed in Washington on June 1970 1970. It is a special agreement attached to the Paris Convention for the Protection of Industrial Property, and its purpose is to make the work of obtaining invention protection more simplified and economical.
1In August 1994, China formally joined the Nice Agreement on the International Classification of Goods and Services for Trademark Registration. The agreement was signed on June 1 99571day; Signed in Nice, France. It stipulates that the countries participating in the agreement use the same classification table of goods and services for trademark registration.
In addition, China was one of the first signatories to the Regulations on the Protection of Intellectual Property Rights of Integrated Circuits, which was passed in Washington from 65438 to 0989. However, due to the opposition of developed countries such as the United States and Japan, this provision has not yet taken effect. In April, China also signed the agreement on trade-related intellectual property rights reached in the Uruguay Round of GATT. The English name of proprietary technology is "Know-how", which means "know how to make it". It has many Chinese names: technical know-how, technical secrets, professional knowledge and so on. There is also a literal translation of "Noho", but the most commonly used name is "knowledgeable person".
The so-called proprietary technology refers to the secret technical knowledge, experience and skills that have been used in practice without special legal protection. Proprietary technology can be the idea of products or methods, but it is different from patented technology in many ways. (1) Patented technology must be teachable through language, and proprietary technology must also be teachable, but not all of them are oral, and some can only be taught through "examples". (2) Proprietary technology is a secret technology; The patented technology is an open technology. (3) Proprietary technology is not protected by special laws, so it does not belong to intellectual property rights. (4) Patent technology is a static technology fixed by patent documents, while proprietary technology is a dynamic technology full of changes. (5) Patented technology is protected or monopolized for a limited period (up to 20 years), while proprietary technology is a secret monopoly, so its monopoly period is indefinite.
Proprietary technology is also an intangible intellectual property, which needs to be protected by secret means as well as by law. In practice, proprietary technology is protected by contract law, infringement prevention law, anti-unfair competition law and criminal law. However, proprietary technology is far less protected by law than patented technology by patent law.