Intellectual property characteristics of food industry

China's laws should not be so detailed.

Your intellectual property rights in the food industry should be adjusted according to the patent rights in the patent law.

First of all, exclusivity

Exclusive right, also known as exclusive right, refers to the exclusive right of the patentee to manufacture, use, sell and import his invention and creation. That is to say, without the permission of the patentee, any other unit or individual may not manufacture, use, sell or import its patented products for production and operation purposes, nor may it manufacture, use, sell or import products directly obtained by its methods for production and operation purposes. Otherwise, it will be an infringement of the patent right.

Second, regionality.

Refers to the patent right granted by a country according to its own patent law, which is only valid within the jurisdiction of that country and is not binding on other countries. Foreign countries do not undertake the obligation to protect their patent rights. If an invention is patented only in China, then the patentee only enjoys exclusive rights or exclusive rights in China. If someone produces, uses or sells the invention in other countries and regions, it is not infringement. It is very meaningful to understand the regional characteristics of patent rights. In this way, if China's units or individuals develop inventions with international market prospects, they should not only apply for domestic patents in time, but also apply for patents in other countries and regions with good market prospects, otherwise foreign markets will not be protected.

Third, timeliness.

The so-called temporality means that the exclusive right of the patentee to his invention and creation is only valid within the time stipulated by law. After the expiration of the time limit, the patentee no longer enjoys the exclusive right to manufacture, use, sell and import his invention and creation. In this way, inventions originally protected by law have become the public wealth of society, and any unit or individual can use them for free.

For the duration of the patent right, the patent laws of all countries clearly stipulate that the protection period of the invention patent right generally ranges from 10 to 20 years from the date of application; For utility model and design patents, most countries stipulate that the term of protection is 5 to 10 years, while the current patent law in China stipulates that the term of protection for invention patents, utility model patents and design patents is 20 years from the date of filing, 10 years and 10 years respectively.