2020 intermediate economist business administration major test center: the main form of intellectual property rights
1. The concept of intellectual property
Intellectual property refers to people's civil rights to the fruits of their intellectual labor.
2. The main intellectual property rights recognized and protected by China laws are:
1 copyright;
(2) patent right;
3 trademark rights;
4 trade secrets;
⑤ Other related intellectual property rights.
Note: Division of protection period.
① Copyright (copyright)
China copyright law stipulates:
The author's right of signature, modification and protection of the integrity of the work: the protection period is unlimited.
The right to publish, copy, distribute and rent. Citizen's works: the protection period is 50 years before and after the author's death, ending at 65438+February 3 1 in the 50th year after the author's death.
② patent right
Refers to the exclusive right granted by the State Patent Office to the applicant for invention-creation within the statutory time limit according to the patent law.
According to the patent law of our country, the term of patent right is counted from the date of application, and the patent right is granted to the person who applies first.
The term of invention patent is 20 years.
The term of patent right for utility model and design is: 10 year.
From the date of application.
③ Trademark right
China trademark law stipulates:
The period of validity of a registered trademark is 10 years, counting from the date of approval of registration.
If a registered trademark needs to be used again after the expiration of its validity period, it shall be renewed within 12 months before the expiration, and the validity period of each renewal is 10 year;
If it is not handled within the above time limit, a six-month extension may be granted;
The validity period of each renewal registration is 10 years, counting from the day after the last expiration of the trademark;
If the renewal formalities are not completed at the expiration of the period, the registered trademark shall be cancelled.
④ Trade secrets
Definition of Anti-unfair Competition Law in China;
Refers to the technical information and commercial information that are not known to the public, have commercial value and are kept confidential by the obligee.