The sources of intellectual property law are generally divided into two categories, specifically domestic law and international law.
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Intellectual property law regulates all matters arising from the creation and use of intellectual achievements, as well as in the process of confirming, protecting and exercising the intellectual property rights of the owner of intellectual achievements. A general term for the legal norms that govern various social relationships.
Domestic legislative sources
Intellectual property laws, such as copyright law, patent law, trademark law; intellectual property administrative regulations. It mainly includes the Implementation Regulations of Copyright Law, Computer Software Protection Regulations, Patent Law Implementation Regulations, Trademark Law Implementation Regulations, Intellectual Property Customs Protection Regulations, New Plant Variety Protection Regulations, Integrated Circuit Layout Design Protection Regulations, etc.
Local regulations, autonomous regulations and separate regulations on intellectual property, such as the Regulations on the Protection of Enterprise Technical Secrets in the Shenzhen Special Economic Zone; administrative regulations on intellectual property, such as the provisions of the State Administration for Industry and Commerce on prohibiting infringement of trade secrets; knowledge Judicial interpretation of property rights.
International Treaties
While formulating domestic intellectual property laws and regulations, China has strengthened exchanges and cooperation with countries around the world in the field of intellectual property and has joined more than ten intellectual property protection treaties. international conventions. The main ones are: Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), Paris Convention for the Protection of Industrial Property, Berne Convention for the Protection of Literary and Artistic Works, Universal Copyright Convention, Madrid Agreement on the International Registration of Trademarks, Patent Cooperation Treaty, etc.
Among them, the TRIPS Agreement in the World Trade Organization is considered to be an international convention with wide coverage, high protection level, strong protection and strong restrictive power in the field of intellectual property protection worldwide. It is relevant to China. Changes in intellectual property laws have played an important role.
Legal Characteristics
Intangible property rights; confirmation or grant must be directly stipulated by special national legislation; dual nature: it has the nature of a certain personal right (such as signature right) and contains property rights content. However, trademark right is an exception. It only protects property rights and does not protect personal rights. Exclusiveness: Intellectual property rights are exclusive to the right owner. No one other than the right holder can enjoy or use this right without the consent of the right holder or special provisions of the law;
Regional: intellectual property rights recognized and protected by the laws of a certain country. It only takes legal effect within the country; temporality: the law stipulates a certain protection period for the protection of intellectual property rights, and intellectual property rights are valid within the legal period.