What is the basic form of intellectual property protection?
As far as the current situation is concerned, there are four main forms of intellectual property protection:
1, trademark right
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.
Legal objectivity:
People's Republic of China (PRC) Civil Code
Article 123
Civil subjects enjoy intellectual property rights according to law.
Intellectual property rights are the exclusive rights enjoyed by the obligee to the following objects according to law:
(1) works;
(2) Inventions, utility models and designs;
(3) Trademarks;
(4) Geographical indications;
(5) Business secrets;
(6) Layout design of integrated circuits;
(7) New plant varieties;
(8) Other objects prescribed by law.