The scope of medical intellectual property rights includes patent right, trademark right, copyright, proprietary technology information protection, gene patent, secondary intellectual property rights and so on. Details are as follows:
1, patent right:
Patent right refers to the patent right enjoyed by the patentee for invention and creation, that is, the state grants the inventor or his successor the exclusive right to use his invention and creation within a certain period of time according to law. The patent right of medical intellectual property rights covers technological innovations in the fields of newly invented drugs, drug combinations, drug preparation methods and drug uses.
2. Trademark rights:
Trademark right refers to the exclusive right of the trademark owner to his trademark. The trademark right of medical intellectual property rights covers trade marks, brand names, trademark marks and other business marks related to specific drugs.
3. Copyright:
Copyright, also known as "copyright", refers to the rights enjoyed by the author or others (including legal persons) on a certain crop according to law. The copyright of medical intellectual property rights covers the copyright protection of medical literature, medical teaching materials, medical research reports and medical software.
4, proprietary technology information protection:
Proprietary technology refers to the advanced and practical technical secrets that have not been patented, including design drawings, formulas, data formulas and the experience and knowledge of technicians. The protection of proprietary technology information of pharmaceutical intellectual property rights covers the protection of commercial secret information such as drug formula, technology and production technology.
5, gene patents:
The so-called "gene patent" should refer to the patent of a (deoxy) nucleotide sequence itself, the patent of the function (use) of this (deoxy) nucleotide sequence and the patent of the preparation method of this (deoxy) nucleotide sequence. Gene patents of medical intellectual property rights cover gene-related technological innovations such as gene sequencing and genetic engineering technology.
6. Sub-intellectual property rights:
Intellectual property refers to the exclusive rights enjoyed by citizens and legal persons in their scientific, technological and cultural fields. The second-level intellectual property rights of medicine cover unique non-patented intellectual property rights such as drug data and test results.