Works stipulated in the "Copyright Law of the People's Republic of China" refer to intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science, including:
1. Written works;
2. Oral works;
3. Music, drama, folk art, dance, acrobatic art works;
4. Art and architectural works;
5. Photographic works;
6. Audio-visual works;
7. Engineering design drawings, product design drawings, maps, schematic diagrams, etc. Graphic works and model works;
8. Computer software;
9. Other intellectual achievements consistent with the characteristics of the work.
When exercising their rights, copyright owners and copyright-related rights holders must not violate the "Constitution of the People's Republic of China" and laws, and must not harm the interests of the public. The state supervises and manages the publication and dissemination of works in accordance with the law.
Jite Intellectual Property Rights:
Patent Rights:
(1) Implementation License Rights. It means that the patentee can license others to implement its patented technology and collect patent royalties. To license others to exploit a patent, the parties concerned shall enter into a written contract.
(2) Transfer right: Patent rights can be transferred. When transferring a patent right, the parties concerned shall enter into a written contract and register it with the patent administration department, which shall make an announcement. The transfer of the patent right shall take effect from the date of registration. Any transfer of patent rights by Chinese entities or individuals to foreigners must be approved by the relevant competent authorities.
(3) Right of marking, which refers to the right of the patentee to indicate the patent mark and patent number on its patented product or the packaging of the product. Obligation, the patentee’s obligation is mainly to pay patent annual fees. Article 43 of the Patent Law stipulates: The patentee shall pay annual fees starting from the year when the patent right is granted. Failure to pay the annual fee as required may result in the termination of the patent right. In addition, after the patent right is granted, the unit that holds the service invention-creation patent shall reward the inventor or designer in accordance with the regulations; after the patent is implemented, based on the economic benefits obtained from its promotion and application, the inventor or designer shall be rewarded in accordance with the regulations. Pay reasonable remuneration. Effectiveness,
(1) After the exclusive right to implement an invention or utility model patent is granted, except as otherwise provided by the Patent Law, no unit or individual may implement it without the permission of the patentee. Its patent means that it is not allowed to manufacture, use, offer for sale, sell, or import its patented products for production and business purposes, or use its patented method, or use, offer for sale, sell, or import products directly obtained according to the patented method. Therefore, the exclusive implementation rights of product invention patentees and utility model patentees specifically include the right to manufacture, use, promise to sell, sell and import rights to patented products; the exclusive implementation rights enjoyed by method invention patentees are , in addition to the exclusive right to use the patent preparation method, also includes the right to use, the right to sell, the right to sell and the right to import the products directly obtained according to the patented method. The promise to sell here refers to the expression of intention to sell goods by means of advertising, displaying in shop windows, or exhibiting at trade fairs.
(2) After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, the design patent shall not be manufactured, sold, or imported for production and business purposes. product. It can be seen that the exclusive right to implement a design patent includes the right to manufacture, sell and import the patented design product. The term of invention patent rights is 20 years, and the term of utility model patent rights and design patent rights is 10 years, both calculated from the date of application. After the expiration of the patent term, the patent rights are terminated. Before the expiration of the patent right, the patentee may declare in writing to waive the patent right.
Restrictions:
(1) Compulsory license. Compulsory licensing, also known as involuntary licensing, refers to an administrative measure in which the patent administrative department directly permits applicants who meet the conditions for implementation to implement invention or utility model patents in accordance with legal provisions and without the consent of the patentee. Its purpose is to promote the implementation of patented inventions and creations, prevent patentees from abusing patent rights, and safeguard national interests and social public interests. my country's patent law divides compulsory licenses into three categories:
1. Compulsory licensing when not implemented.
When an entity with the conditions for implementation requests the holder of an invention or utility model patent for permission to exploit its patent under reasonable conditions, but fails to obtain such permission within a reasonable period of time, the patent administration department may, based on the application of the entity, grant permission to exploit the patent. Compulsory license for invention patents or utility model patents. If you request a compulsory license from the patent administration department, you can only apply for it after 3 years have passed since the patent right was granted. This kind of compulsory license should be limited to the need to supply the domestic market; the inventions and creations involved in the compulsory license are semiconductor technology, and the implementation of the compulsory license is limited to the non-commercial use of the public. Or the use of remedies determined to be anti-competitive through judicial or administrative procedures.
2. Compulsory license based on public interest needs. In the event of a national emergency or extraordinary situation, or for the purpose of public interest, the patent administration department may grant a compulsory license to implement an invention patent or utility model patent.
3. Compulsory license of dependent patents. If a patented invention or utility model is a major technological advancement of significant economic significance compared to a previously patented invention or utility model, and its implementation depends on the implementation of the previous invention or utility model, the patent administration department shall, based on the subsequent Upon application by a patentee, a compulsory license to exploit the previous invention or utility model may be granted. In the case where a compulsory license is granted in accordance with the aforementioned provisions, the patent administrative department may also grant a compulsory license to implement the subsequent invention or utility model based on the application of the previous patentee.
(2) It is not regarded as an infringement of patent rights.
1. The patentee manufactures or imports, or manufactures or imports with the patentee's permission, a patented product or a product directly obtained according to a patented method, and then uses, offers to sell, or sells the product.
2. The same product has been manufactured, the same method has been used, or the necessary preparations for manufacturing and use have been made before the patent application date, and the manufacturing and use will only continue within the original scope.
3. Foreign transportation vehicles that temporarily pass through China's territorial land, territorial waters, and airspace shall be installed and equipped on the transportation vehicle for its own needs in accordance with the agreement signed between the country to which it belongs and China or the international treaty that China has signed, or in accordance with the principle of reciprocity. Use relevant patents
4. Relevant patents are used exclusively for scientific research and experiments.
Legal Basis
"Copyright Law of the People's Republic of China"
Article 10 Copyright includes the following personal rights and property rights:
(1) The right of publication, that is, the right to decide whether the work will be made public;
(2) The right of signature, that is, the right to indicate the identity of the author and sign his name on the work;
(3) The right to modify, that is, the right to modify or authorize others to modify the work;
(4) The right to protect the integrity of the work, that is, the right to protect the work from distortion or tampering;
(5) Copying Rights, that is, the right to make one or more copies of a work by printing, copying, rubbing, recording, videotaping, ripping, remaking, digitizing, etc.;
(6) Distribution rights, that is, selling or The right to provide the original or copies of a work to the public by way of donation;
(7) The right to lease, that is, the right to permit others to temporarily use the original or copy of an audio-visual work or computer software for a fee. Computer software is not leased. Except for the main subject matter;
(8) Exhibition rights, that is, the right to publicly display originals or copies of fine arts and photographic works;
(9) Performance rights, that is, the right to publicly display Performance works, as well as the right to publicly broadcast the performance of the works by various means;
(10) Projection rights, that is, the right to publicly reproduce art, photography, audio-visual works, etc. through projectors, slide projectors and other technical equipment;< /p>
(11) Broadcasting rights, that is, the right to publicly disseminate or rebroadcast works by wired or wireless means, and to disseminate broadcast works to the public through loudspeakers or other similar tools that transmit symbols, sounds, and images, But it does not include the rights specified in Item 12 of this paragraph;
(12) The right to information network dissemination, that is, providing it to the public in wired or wireless ways, so that the public can use it at the time and place of their choice. The right to obtain a work;
(13) Filming right, that is, the right to fix the work on a carrier by filming an audiovisual work;
(14) Adaptation right, that is, The right to change the work and create new original works;
(15) The right of translation, that is, the right to convert the work from one language to another language;
< p>(16) Right of compilation, that is, the right to assemble works or fragments of works into new works through selection or arrangement;(17) Other rights that should be enjoyed by the copyright owner.