On the Object of Intellectual Property in China

The object of intellectual property refers to the spiritual products created by people in the fields of science, technology and culture, that is, knowledge products. Knowledge products are objects of civil rights that coexist with material products (i.e. things in the sense of civil law).

Generally speaking, intellectual property rights are often divided into three categories, patent right, copyright right and trademark right. Therefore, in the object of intellectual property rights in China:

1 There are three objects of patent right: invention, utility model and design.

Invention refers to a new technical scheme proposed for a product, method or its improvement; Utility model refers to a new technical scheme for the shape, structure and combination of products, which is suitable for practical use; Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern, color or their combination of products.

However, Article 25 of China's Patent Law stipulates that no patent right shall be granted to the following items:

(1) scientific discovery;

(2) rules and methods of intellectual activities;

(3) Diagnosis and treatment of diseases;

(4) Species of animals and plants;

(5) substances obtained by nuclear transformation.

2. The object of trademark right is trademark.

Trademark is a symbol of the source of goods or services, which directly conveys information about the source of goods or services to the public. This information includes who is the producer or provider of goods or services and their business reputation, the quality and reputation of goods or services and so on.

Trademarks include: commodity trademarks, service trademarks, collective trademarks and certification trademarks.

3. The object of copyright is the work.

A work must be able to spread literary or scientific ideas. It is a carrier of information, not a practical tool and means.

Article 3 of China's Copyright Law stipulates that works mentioned in this Law include works of literature, art, natural science, social science and engineering technology. Created in the following form:

(1) written works;

(2) Oral works;

(3) Music, drama, folk art, dance and miscellaneous works of art;

(4) Artistic and architectural works;

(5) Photographic works;

(6) cinematographic works and works created by similar cinematographic methods;

(seven) engineering design drawings, product design drawings, maps, schematic drawings and other graphic works and model works;

(8) Computer software;

(9) Other works as prescribed by laws and administrative regulations.

Legal basis:

Article 123 of the Civil Code stipulates that civil subjects shall 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.