It refers to the spiritual wealth or spiritual products created by people through intellectual labor. The right to rely on intellectual achievements is called intellectual property, which is the right that intellectual workers enjoy according to law.
The right to intellectual achievements, also known as intellectual property rights, refers to the right to spiritual wealth created by intellectual activities in the fields of science, technology, culture and art.
Intellectual property in a broad sense includes copyright, neighboring right, trademark right, trade name right, trade secret right, mark of origin right, patent right, layout design right of integrated circuit and so on. Intellectual property rights in a narrow sense mainly include copyright, neighboring rights, patent rights and trademark rights. In order to encourage people to create intangible property, all countries have passed legislation to protect the rights of the owners of achievements in China and Italy.
To protect the right of intellectual achievements according to law, we should do the following: ① deepen our understanding of the protection of intellectual achievements according to law and strive to enhance the legal awareness of the protection of intellectual achievements; When our intellectual achievements are infringed, we should actively seek legal help and use legal weapons to safeguard our legitimate rights and interests; ③ Actively participate in the social protection of intellectual achievements, respect others' intellectual achievements, and do nothing that infringes others' intellectual achievements.
situation
In a certain place, in order to participate in a science and technology competition, minor A spent a long time making a work related to enterprise automation, which was shown to his family at a family gathering and won unanimous praise. Among them, B is A's father, C is B's brother, and A's uncle is a private enterprise legal person. Seeing that A's invention was beneficial to his own enterprise, C cheated without A's permission. Later, A won the prize in the competition, and his work was valued by another company. His legal representative D hoped to get the patent of the article with a large sum of money, but shortly after A signed with his father B, he received a court summons. The plaintiff is C, who sued A, B and D on the grounds that the work has been patented by him and cannot be used and transferred at will without his permission.
According to C's lawsuit, the product was invented by C and has applied for a patent in the Patent Office, so C is the patentee of the product.
Of course, there is nothing to say at the trial.
Final result: As A and B collected enough evidence to prove that C maliciously seized the fruits of others' labor, the Patent Office finally ruled that C's patent application was invalid. At the same time, A's guardian B applied to the Patent Office for a patent, which was approved, and finally signed a patent transfer agreement with D, and C was punished for allegedly encroaching on other people's labor achievements.
At present, regarding the intellectual achievements of minors, the national laws clearly stipulate that the legitimate rights and interests of citizens are protected by law. No matter whether they are adults or not, the patent achievements of minors are enjoyed by minors, but their civil capacity is limited. Therefore, after reaching an agreement with minors, their guardians will sign relevant agreements with enterprises, and both parties will enjoy the fruits. Third parties have no right to interfere. If the intellectual achievements (patents) of minors are infringed by illegal means, the court will punish them according to law. If losses are caused, minors and their guardians have the right to file a civil lawsuit for compensation.