Copyright refers to the right of the author or other copyright owner of a work that is original and can be copied in some form in the field of literature, art and science recognized by the copyright law within the statutory time limit. This right is exclusive. Except as otherwise provided by law, no one has the right to exercise it without the authorization, permission or transfer of the author or other copyright owners or in the manner prescribed by the inheritance law, otherwise it is an act of copyright infringement.
(2)
Patent right refers to the exclusive right or exclusive right enjoyed by the inventor or his assignee according to law within a certain period of time. Patent right is an exclusive right. Once it exceeds the protection period stipulated by law, it will no longer be protected by law. The three characteristics of patent are novelty, creativity and practicality.
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Trademark right is the abbreviation of trademark exclusive right, which refers to the right of trademark registrant to control its registered trademark and prohibit others from infringing it according to law, including the exclusive right, beneficial right, disposition right, renewal right and prohibition of others' infringement of its registered trademark. Trademark right is an intangible asset with economic value, which can be used to pay off debts, that is, transferred according to law.
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Characteristics of trade secrets:
First of all, keep it secret
Trade secrets must be information that is not known to the public, which is the essential feature of trade secrets. Not being known to the public does not mean not being known to everyone, but being known to others other than the obligee and relevant personnel. For example, employees and cooperative enterprises who are exposed to trade secrets within an enterprise know the trade secrets, which does not mean that the trade secrets are known to the public.
Second, value.
Trade secrets can bring economic benefits to the obligee, including real economic benefits and potential economic benefits. The value of trade secrets is usually the guarantee of the dominant position of the obligee in the market competition. Once the infringement occurs, the interests of the obligee will inevitably be damaged.
Third, information.
The informational nature of trade secrets means that they are technical information or commercial information in commercial activities.
Fourth, confidentiality.
Confidentiality is the essential attribute of trade secrets. The obligee must take reasonable confidentiality measures to ensure that business secrets are not known to the public.
Verb (short for verb) actually
Trade secrets must be schemes or information that can be used in business, have realistic or potential use value, and be objective and specific. Reflected in: formula, pattern, procedure, method, technology, editing, process, design, etc. Trade secrets must be able to be applied to certain industries. Without practical business information and technical information, it cannot be called a trade secret. Abstract concepts, principles and principles can't be protected by law if they can't be transformed into concrete and operable schemes.
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The differences between property rights and intellectual property rights are as follows:
1, the object or object of the right is different. The object of real right is movable property, immovable property and other real physical "things". The object of intellectual property is the expression of thoughts or emotions without material entities, an objective existence and a non-material virtual "thing".
2. Although property rights and intellectual property rights are absolute rights, intellectual property rights are obviously weaker than property rights in exclusivity, exclusivity and exclusivity. The right of the property owner to possess, use, benefit and dispose of things is absolute and exclusive as long as it does not infringe upon the interests of others, public interests and national interests, and does not violate the recognized social order and good customs. Others have no right to take the same actions as property owners, and there is no specific system in law to limit the rights of property owners. Intellectual property owners, mainly creative intellectual achievements, should not only consider and follow the same constraints as property owners when exercising their property rights, but also clearly stipulate the restrictions on intellectual property rights, mainly including the systems of "fair use", "statutory license use" and "compulsory license use". In other words, the rights granted by the law to the obligee cannot be formalized by people other than the obligee. However, intellectual property rights are not like this. The law originally endowed the obligee of creative intellectual achievements with rights, but others can exercise the rights originally belonging to the intellectual property owner in accordance with the law with the support of the systems of "fair use", "statutory license use" and "compulsory license use" which are also stipulated by law. In other words, the law not only gives the obligee some rights, but also gives some rights to people other than the obligee. This situation does not exist in the property law.
3. Property rights can often be realized through factual possession, while intellectual property rights must be protected by law. The object of real right is usually a tangible material entity with specificity, which can usually be actually possessed and dominated by the obligee. When the owner of real right possesses and uses its subject matter, it effectively excludes the possibility that others possess and use its subject matter at the same time. However, the object of intellectual property is only a structure and form. Once designed, it does not depend on the existence of a specific carrier. As long as it is made public, it is difficult for the obligee to actually control and possess it. That is to say, as a form of expression, as long as it finds a carrier that can support its existence, it can be copied, so it has the characteristics of infinite reproducibility in theory. Therefore, the exclusivity and exclusiveness of intellectual property rights are different from property rights. This is also the reason why intellectual property is extremely fragile.
4. When there is a conflict between intellectual property rights and property rights, intellectual property rights usually give way to property rights. Property rights and intellectual property rights can coexist in one object, but intellectual property rights attached to a specific material carrier can also be separated from the property rights of the carrier attached to it. In this case, property right and copyright belong to different subjects respectively, and the exercise of copyright owner must be based on contact or use of the original, which is bound to conflict with property right. When the two can't reach an agreement on this, copyright can't be realized because of the confrontation of property rights.
5. The terminology of intellectual property rights is different from that of property rights. Intellectual property rights are clearly stipulated by law in a certain period of time. When the time limit expires, these rights will be revoked. There is no such legal provision in real right, and the term of real right competes with the natural life of things.
As a kind of property, intellectual property is different from property right in quality and quantity. As a labor product, the qualitative stipulation of its value depends on human labor, and the quantitative stipulation depends on the socially necessary labor time: things are also affected by the relationship between supply and demand in the market, but after all, they are not priceless, so they cannot be expressed and measured by the principle of relative value. Nor can we determine the socially necessary labor time for any creative intellectual achievement. As a vegetable market, the value of intellectual property is reflected by people's use of its object, structure and form. Any use of it by people needs the help of a certain material carrier. It is from the relationship between the two that we find the value and size of intellectual property rights. In other words, the qualitative stipulation of intellectual property value is transformed through the refraction of its carrier value. The value of intellectual property depends on the extent and scope of its object being used by society. Because creative intellectual achievements and industrial and commercial marks can copy themselves infinitely, it can obtain property benefits by selling itself in large quantities. If necessary, this income can be obtained repeatedly in the same or different places. The result of using does not decrease the attribute, but increases the attribute. This is also very different from property rights.
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Article 11 of the Interim Provisions on the Recognition and Administration of Well-known Trademarks stipulates? ,? When judging whether it may harm the rights and interests of well-known trademark registrants. ,? Should we consider the originality and popularity of trademarks? Law. Business? So what? ,? When the originality and well-known degree of a well-known trademark determine its protection scope:
1, a trademark with strong originality? ,? It should be more widely protected? ,? Can be extended to more categories or even all categories; For fewer original trademarks? ,? Its scope of protection should be narrow? ,? Can we just focus on the categories related to the goods we use? Law.
2. For well-known trademarks? ,? It should be more widely protected? ,? Can be extended to all categories; For low-key trademarks? ,? Its protection scope should be narrower than that of well-known trademarks? Law. ?
3. Well-known trademarks used in means of subsistence goods? ,? Its protection scope should be wider; For the trademarks used in the means of production goods? ,? Under normal circumstances, the scope of protection should be narrower than the trademarks used for goods of means of subsistence? Law.
4. Among the recognized well-known trademarks? ,? Some are made up of several parts. ,? Even including several trademarks. ,? Their scope of protection should be determined according to the prominence and popularity of each part? Law. Business? The principle of determining the scope is the same as above? Law.
5. For those well-known trademarks with weak distinctiveness? ,? When protecting it, we should fully consider its significance caused by use? ,? In particular, some specific fonts are strongly highlighted in use? Law. Business? So what? ,? Never allow others to use the same font as a well-known trademark? Law.
6. When judging the similarity of trademarks, we should consider the relationship between the goods designated by the judged trademark and the goods approved by the well-known trademark? Law. Business? For those who apply for registration on similar or related goods? ,? When judging whether it is similar, we must strictly grasp it; For those who apply for registration on non-similar goods? ,? Should the criteria for judging approximation be relaxed? Law.