In China, the basic way to obtain trademark right is trademark registration. After the trademark is registered, the exclusive right to use the trademark is obtained. Obtaining the exclusive right to use a trademark means that the owner of a registered trademark can legally exclude others from using the same or similar trademark on the same or similar goods (or services) in a way that confuses consumers. Trademark registration is the preliminary evidence of trademark exclusive right, and the validity period of trademark registration in China is 10 year. 10 can be renewed when it expires, and the renewal times are not limited. Theoretically, as long as the obligee is willing, trademark registration can last forever.
2. Copyright
In China, copyright is copyright, which refers to the legal protection of original works in the fields of literature, art and science. Without the author's consent, others may not copy or use it. At present, the protection period of the author's right of signature, modification and integrity of the work is unlimited, and the other copyright protection period is the author's lifetime validity, plus 50 years after the author's death.
3. Patent right
Patent right is an exclusive right granted by the government to the patent applicant for a specific and limited period of time on the premise that the invention or design content is made public according to legal procedures. In other words, the inventor exchanged publicity for protection, and it was within the statutory time limit. According to China's patent law, patents include invention patents, utility model patents and design patents. Among them, the term of invention patent is 20 years, and the term of utility model patent and design patent is 10 year.
4. Trade secrets
Trade secret refers to trade secret information, including product formula, process, device, technical secret, computer source code, prescription or customer list, supply list, etc. This information can enable enterprises to maintain the advantages of competitors. If it is not known to the general public or easy to be discovered, the enterprise will take reasonable measures to keep it secret.
Extended data:
Intellectual property refers to the ownership of intellectual labor results produced by human intellectual labor. It is an exclusive right granted to qualified authors, inventors or owners of achievements in a certain period of time according to the laws of various countries. It is generally considered to include copyright and industrial property rights. Copyright refers to the right of the copyright owner to sign, publish, use, license others to use and get remuneration for his literary works; Industrial property right is the exclusive right including invention patent, utility model patent, design patent, trademark, service mark, name of manufacturer, name of goods source or name of origin. Intellectual property is summarized as all rights from the field of knowledge activities, which began with the works of French scholar Kaptsov in the middle of17th century.
Legal basis:
Article 6 of China National Intellectual Property Administration's Work Plan on Strengthening Administrative Enforcement of Intellectual Property Rights and Carrying out Special Enforcement Actions. Job requirements: The intellectual property offices of all provinces, autonomous regions and municipalities directly under the Central Government should immediately put forward specific plans or action plans in their respective regions in terms of organizational leadership, work measures and steps, and time arrangement. And take enforcement actions in stages. Relevant plans and plans of various regions should be reported to our bureau in early September, and our bureau will actively promote them according to local plans and suggestions, combined with its actual intellectual property protection status and law enforcement tasks. At the same time, local bureaus should strive for more support from local governments. The implementation of this plan during the year and in the first half of next year should be reported to our bureau at the end of 65438+February this year and early July next year respectively. Local intellectual property offices should attach great importance to strengthening administrative law enforcement, vigorously carry out various law enforcement activities, and conscientiously implement the work arrangements of the State Council. Our bureau will conduct an in-depth inspection and comprehensive summary of the implementation of this plan. The intellectual property offices of all provinces, autonomous regions and municipalities directly under the Central Government shall promptly report the suggestions, opinions and major issues in the implementation of this plan to our bureau.