1, protected by patent. Patent protection mainly includes invention patents, utility model patents and design patents;
2, through trademark protection. The parties may apply for registration in China and obtain the exclusive right to use a trademark;
3. Through copyright protection. The copyright owner may take technical measures.
The process of identifying intellectual property infringement is as follows
1, determination of rights and protection scope;
2. Analyze the elements of its protection scope;
3. Propose and determine the scope of realization of rights in view of the alleged infringement;
4. Analyze the elements of the realization scope of rights;
5. Compare the scope and concrete composition determined by the two, and accurately use various judgment principles and methods;
6, the same or similar judgment;
7. Make the result of finding infringement or not.
Intellectual property rights are "the collective name of rights based on creative achievements and industrial and commercial marks". The three main intellectual property rights are copyright, patent right and trademark right, among which patent right and trademark right are also collectively referred to as industrial property rights. Intellectual property is "intellectual property" in English, and it is also translated into intellectual property, intellectual property or intellectual property.
To apply for a patent, the necessary application documents shall be submitted and the fees shall be paid in accordance with the regulations. Patent applications must be handled in the form of written or electronic applications. Oral instructions or samples or models can not be used instead of paper or electronic application documents.
All formalities should be signed according to regulations, and the signature should be exactly the same as the name filled in the request. The signature shall not be copied. The procedures involving the transfer of rights shall be signed by all applicants, and other procedures may be signed by the representatives of the applicants. Where a patent agency is entrusted, it shall be signed by the patent agency.
If the formalities need to be accompanied by supporting documents or attachments, the supporting documents and attachments shall be originals or photocopies, and photocopies shall not be used. If there is only one original, you can use a copy, but at the same time you need to attach a certificate that the copy issued by the notary office is consistent with the original.
legal ground
Copyright law of the people's Republic of China
Article 49 In order to protect copyright and copyright-related rights, the obligee may take technical measures.
Without the permission of the obligee, no organization or individual may intentionally evade or destroy technical measures, manufacture, import or provide relevant devices or components to the public for the purpose of evading or destroying technical measures, or intentionally provide technical services for others to evade or destroy technical measures. However, the circumstances that can be avoided as stipulated by laws and administrative regulations are excluded.
The technical measures mentioned in this Law refer to effective technologies, devices or components used to prevent or restrict browsing and appreciation of works, performances and audio-visual products or to provide works, performances and audio-visual products to the public through information networks.