A: It refers to the right of the copyright owner to use or authorize others to use the work in a certain way to obtain economic benefits. Such as the right of reproduction, distribution, display and information network communication. It has the following characteristics: a is limited by the protection period; B is often related to the personal rights of works and is subject to special restrictions by law. Such as the legal license for contract use. D due to geographical constraints. E can be transferred, inherited and discarded.
2. According to the provisions of China's patent law, what are the main differences between invention patents and utility model patents?
A: Both utility models and inventions are protected by patent law, and there are many differences between them. In China's current patent law, both utility models and inventions are protected by the patent law and are scientific and technological inventions. In this sense, their essence is the same. But in fact, there are many differences between the two patents, which can be summarized as follows: (1) utility model is less creative than invention.
Compared with the existing technology before the filing date, the requirements of China's patent law have outstanding substantive characteristics and remarkable progress; The requirement of utility model is that it has substantial features and progress compared with the existing technology before the filing date. The invention emphasizes "outstanding substantive features" and "remarkable progress", while the utility model only mentions "substantive features and progress". Obviously, invention is more creative than utility model.
(2) The scope of utility model is smaller than that of invention.
An invention can be a product invention, a method invention or an improvement thereof because it is a new technical scheme for a product, a method or an improvement thereof.
Invent. Only in product invention, it can also be a fixed product invention or a non-fixed product invention. Moreover, unless otherwise stipulated in the patent law, any invention can be patented according to law. However, the scope of the application for a patent for utility model is much narrower, which is limited to the technical scheme of utility model proposed by the shape, composition or combination of products. In this way, all kinds of manufacturing methods can not apply for utility model patents. At the same time, it is impossible to produce utility models for products that have nothing to do with shape, structure or their combination. Therefore, the scope of utility model is much narrower than that of invention, and it is only limited to the innovative design related to the shape, structure or combination of products.
(3) The protection period of utility model patent is shorter than that of invention.
China's patent law clearly stipulates that the protection period of utility model patents is 10 years, counting from the date of filing. The protection period of an invention patent is 20 years. In contrast, the protection period of utility model patents is much shorter than that of invention patents. This is because, generally speaking, the process of utility model creation is simpler and easier than invention creation, and the time to bring benefits into play is much shorter. Therefore, the provisions of the law on its protection period are correspondingly shorter.
(4) The examination and approval procedure of utility model patent is simpler than that of invention patent.
According to the provisions of China's patent law, after receiving an application for a patent for utility model, the Patent Office, after preliminary examination, finds that it conforms to the provisions of the patent law, and will not conduct substantive examination, then make an announcement, notify the applicant and issue a patent certificate for utility model. For the invention patent, it needs to go through substantive examination, and the procedure and time of examination are much more complicated and longer than that of utility model.
1. Invention
Invention as mentioned in the patent law refers to a new technical scheme proposed for a product, method or its improvement.
(1) The invention is a new technical scheme.
Technical scheme refers to the concrete idea of using natural laws to solve a specific technical problem in human production and life, and it is a scheme that uses natural laws and natural forces to make it produce certain effects. The technical scheme generally consists of several technical features. For example, the technical features of the product technical scheme can be shapes, structures, components, materials, appliances, equipment and devices. Methods The technical features of the technical scheme can be process, steps, flow, time, temperature, pressure, equipment and tools used, etc. The interrelation between various technical features is also a technical feature.
(2) Inventions are divided into product inventions and method inventions.
Product inventions include all inventions made by objects created by people.
Methods Inventions include all methods that make use of natural laws, which can be divided into manufacturing methods and operating methods, such as inventions made in processing methods, manufacturing methods, inspection methods or product use methods.
An invention protected by the patent law can also be an improvement of an existing product or method. Most inventions are correct.
Improvements to the existing technology, such as new combinations of certain technical features and new choices of certain technical features, are patentable inventions as long as these combinations or choices produce new technical effects.
2. utility model
The utility model mentioned in the patent law means that the shape, structure or combination of products are suitable for practice.
The new technical scheme adopted.
The utility model is similar to the invention in that the utility model must also be a technical scheme, but it cannot be.
It is an abstract concept or theoretical expression. The difference between utility model and invention lies in that, firstly, utility model is limited to products with certain shapes, and cannot be methods, such as production methods, test methods, treatment methods and application methods, nor can it be products without fixed shapes, such as drugs, chemicals and cement. Second, the utility model is not too creative, but it is very practical.
3. What is a trade secret? What conditions should trade secrets meet?
A: Trade secrets refer to technical and commercial information that is not known to the public, can bring economic benefits to the obligee, is practical, and is kept confidential by the obligee. Business secrets are the property rights of enterprises, which are related to the competitiveness of enterprises, are crucial to the development of enterprises, and some even directly affect the survival of enterprises.
Trade secrets must meet the following three conditions at the same time:
First, keep it secret. Secrecy means that the state of trade secrets should be secret and cannot be made public, which is also the most essential feature of trade secrets. At the same time, it is also the most striking feature that distinguishes trade secrets from patents. Determine the privacy of trade secrets. The most objective criterion is "not known to the public". It should be emphasized that this kind of "unknown to the public" is relative. In fact, on the one hand, trade secrets must be known to specific people within a certain range. In addition to the obligee of trade secrets, people who know trade secrets usually include: employees who legally know or master trade secrets for the use of trade secrets within the obligee; The obligee who legally accepts the trade secret and thus knows and grasps the trade secret, the party who has the right to use the trade secret according to the relevant contract or agreement, etc. Knowing the business secrets of the obligee does not affect the confidentiality of the business secrets.
Second, value. Trade secrets "have commercial value because they belong to secrets". Therefore, value is an essential feature of trade secrets. It can mainly bring real or potential economic value to the obligee. In other words, whether it is a real trade secret that can be directly used or information with potential value that is being researched, trial-produced and developed, it can constitute a trade secret.
Third, measures. It means that the obligee should manage the trade secrets and take reasonable measures to keep them confidential. That is, it is not enough for the obligee to have subjective consciousness, but also to implement objective confidentiality measures. Measures can be divided into two categories: software and hardware. The former mainly refers to institutional measures, such as signing confidentiality contracts, concluding confidentiality agreements, establishing confidentiality systems, and strengthening confidentiality education. The latter mainly refers to direct measures, such as strengthening the security measures of the doorman, restricting outsiders from visiting the production process, installing and monitoring, and sending special personnel to seal and keep relevant information.
The above three conditions are necessary for trade secrets to be protected by law. Without any of them, all the rights of trade secrets will be lost.
4. What are the main manifestations of infringement of trademark exclusive right?
A: First, the act of using a trademark that is the same as or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant is also called infringement.
The second is the act of selling goods that infringe the exclusive right to use registered trademarks, that is, trademark infringement in the circulation field, also known as sales infringement.
3. The act of forging or manufacturing another person's registered trademark logo without authorization or selling the forged or manufactured registered trademark logo without authorization is also called trademark infringement.
Fourth, the act of changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark into the market is called reverse counterfeiting abroad.
Fifth, the act of causing other damage to the exclusive right to use registered trademarks of others.