Which department is in charge of the Intellectual Property Office?

The State Bureau of China National Intellectual Property Administration and the State Council, People's Republic of China, is managed by the State Administration of Market Supervision, and the administrative level is deputy ministerial level. The Intellectual Property Office is responsible for protecting intellectual property rights, promoting the construction of intellectual property protection system, handling the registration and administrative adjudication of trademarks, patents and geographical indications of origin, and guiding the law enforcement of trademarks and patents. In the course of performing his duties, China National Intellectual Property Administration implemented the principles, policies and decision-making arrangements of the CPC Central Committee on intellectual property work, and adhered to and strengthened the Party's centralized and unified leadership over intellectual property work.

Intellectual property rights include the following contents:

1, patent right. Patent right is the right granted to the inventor or unit to monopolize, use and dispose of the achievements of invention and creation according to law.

2. Trademark rights. Trademark is a kind of mark specially designed to help people distinguish different commodities and consciously placed on the surface of commodities or their packaging. Trademark right refers to the exclusive right to use a trademark enjoyed by the trademark user according to law.

3. copyright Copyright, also known as copyright, is the exclusive right enjoyed by citizens, legal persons or unincorporated units to their own literary, artistic, natural science and engineering and technical works according to law. Copyright includes personal rights and property rights. 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 also include the right to use and the right to remuneration for activities.

4. Right of discovery, invention and other scientific and technological achievements. Citizens have the right to discover their own discoveries. The discoverer has the right to apply for discovery certificate, bonus or other awards.

According to relevant laws and regulations, civil subjects enjoy intellectual property rights according to law. Intellectual property rights are the exclusive rights enjoyed by the obligee to the following objects according to law:

(1) works;

(2) Inventions, utility models and designs;

(3) Trademarks;

(4) Geographical indications;

(5) Business secrets;

(6) Layout design of integrated circuits;

(7) New plant varieties;

(8) Other objects prescribed by law.

Legal basis:

Article 7 The National Copyright Administration is in charge of copyright management throughout the country; The local copyright authorities at or above the county level shall be responsible for the administration of copyright in their respective administrative areas.

Article 8 Copyright owners and copyright-related rights holders may authorize copyright collective management organizations to exercise copyright or copyright-related rights. The copyright collective management organization established according to law is a non-profit legal person. After being authorized, they can claim rights for copyright owners and copyright-related rights holders in their own names, and can represent the parties involved in litigation, arbitration or mediation activities involving copyright or copyright-related rights.

Copyright collective management organizations collect royalties from users according to authorization. The collection standard of royalties shall be determined through consultation between the copyright collective management organization and the user representatives. If negotiation fails, it may apply to the National Copyright Administration for a ruling; If you are dissatisfied with the ruling, you can bring a lawsuit to the people's court; The parties may also bring a lawsuit directly to the people's court.

The copyright collective management organization shall regularly announce to the public the collection and transfer of royalties, the extraction and use of management fees and the undistributed part of royalties, and establish a rights information inquiry system for the rights holders and users to inquire. The National Copyright Administration shall supervise and manage copyright collective management organizations according to law.

The establishment mode, rights and obligations, collection and distribution of royalties, supervision and management of copyright collective management organizations shall be stipulated separately by the State Council.