1. How long is the protection of intellectual property law?
According to the laws of China, different kinds of intellectual property rights (copyrights, patents and trademarks) have different protection periods.
1, all rights reserved.
According to the relevant provisions of the Copyright Law, the term of protection of the author's right of signature, modification and protection of the integrity of the work is not limited. For citizens' works, the protection period of their right to publish and distribute is 50 years before and after the author's death, ending at 65438+February 31in the 50th year after the author's death; If it is a cooperative work, the deadline is 65438+February 3 1 50 years after the death of the last dead author.
The term of protection of a work of a legal person or other organization, which is copyrighted by a legal person or other organization (except the right of signature), is fifty years, ending at 65438+February 3 1 day in the fiftieth year after the first publication of the work. However, if the work is not published within 50 years after the creation is completed, this law will no longer protect it.
2. Patent right
According to the relevant provisions of the Patent Law, the term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, both of which are counted from the date of application. The patentee shall pay the annual fee from the year when the patent right is granted.
According to Article 44 of the Patent Law, if the patentee waives his patent right in writing without paying the annual fee as required, the patent right shall be terminated before the expiration of the time limit.
3. Trademark rights
According to the provisions of Articles 37 and 38 of the Trademark Law, the validity period of a registered trademark is ten years, counting from the date of approval of registration. Where it is necessary to continue to use a registered trademark after its expiration, it shall apply for renewal of registration within six months before its expiration; Failing to apply within this time limit, a grace period of 6 months may be granted. If no application is made at the expiration of the exhibition period, its registered trademark shall be cancelled. Each renewal of registration is valid for ten years.
Second, the characteristics of intellectual property protection
Intellectual property protection has become the strategic commanding height of the international economic order and one of the focuses of fierce competition among countries. First, with the rapid development of science and technology, the traditional intellectual property system is facing challenges, and the scope of intellectual property protection is constantly expanding. For example, in the patent field, the United States gives patent protection to inventions such as computer-readable carriers containing computer programs, genetic engineering and business models on the Internet. The space for technological innovation in developing countries has been greatly suppressed. How to determine the scope of patent protection scientifically and reasonably has become an urgent and meaningful research topic. In the report released at the end of 1998, the World Bank pointed out: "The increasingly strengthened international intellectual property protection legislation is in danger of widening the intellectual property gap between developed and developing countries." Second, in recent years, some developed countries have vigorously promoted the internationalization of patent examination, and proposed to break the geographical restrictions of patent examination and establish a "world patent", that is, a few countries are responsible for patent examination and grant patents, and other countries recognize the examination results. The so-called "world patent" is essentially the patent examination work of all countries in the world, which is carried out by the patent offices of a few developed countries and regions such as the United States, Japan and Europe. Third, intellectual property rights are included in the jurisdiction of the World Trade Organization. Intellectual property, with equal emphasis on trade in goods and services, has become the three pillars of the World Trade Organization, and the rules of trade in goods and dispute settlement mechanism have been introduced into the field of intellectual property. According to the regulations of the WTO, any member of the WTO will be subject to cross retaliation in trade because of poor protection of intellectual property rights. Intellectual property rights have become the frontier of international trade. With the gradual reduction and cancellation of tariffs, the status and importance of intellectual property protection in international trade will become more prominent. Fourthly, the developed countries such as the United States and Japan have adjusted and formulated the intellectual property strategy facing the new century and incorporated it into the overall strategy of national economic and technological development.
To sum up, the protection of intellectual property law is to better protect citizens' works, but the protection of works is also stipulated in time. Over time, it is unprotected. Therefore, it is necessary to understand how the time is stipulated and renew it as soon as it expires.