Intellectual property rightsWhat kind of right
Intellectual property is essentially an intangible property right based on civil rights arising from intangible objects, intellectual products, etc. Under article 123 of the civil code of the people's republic of china, civil subjects enjoy intellectual property rights in accordance with the law. Intellectual property rights holders have exclusive rights under the law with respect to the following objects: (i) works; (ii) inventions, practical novelty, visual design; (iii) trademarks; (iv) geographical indications; (v) trade secrets; (vi) design of integrated circuits; (vii) new varieties of plants; and (viii) other objects provided for by law。
Small science: intellectual property rights are legal in nature and must be created, acquired, exercised and protected by law, and no administrative regulation, judicial interpretation, etc. Can create new types of intellectual property rights。
We protect intellectual property rightsLaws and regulationsWhat are the main ones
The laws and regulations in force in the country to protect intellectual property rights include, inter alia, the civil code, the copyright act, the patent act, the anti-improper competition act, the seed act and the regulation on the protection of new varieties of plants, the regulation on the protection of integrated circuit chart design。
The supreme people's court's interpretation of civil disputes concerning copyright, patents, trademarks and unfair competition is also an important basis for the protection of intellectual property rights in practice. At the same time, in accordance with the provisions of a series of international treaties and bilateral or multilateral agreements on intellectual property to which we are a party, the relevant rights of our intellectual property rights holders are protected accordingly in other states parties and the intellectual property rights of other states are protected by equivalent laws in our country。
What are the civil disputes over intellectual property rights
Civil disputes over intellectual property mainly include disputes over intellectual property contracts, tenure torts, unfair competition disputes and monopolistic disputes. The most common types of civil disputes are mainly intellectual property rights torts and unfair competition disputes, including copyright torts, trademark torts and practical novelties, apparent design tort disputes and counterfeit disputes in unfair competition disputes, false propaganda disputes, etc。
Little cope: with the strengthening of the state's judicial protection of intellectual property rights in recent years, the supreme people's court and the provincial courts publish every year typical cases in the field of intellectual property justice, some of which have once become topical topics for public opinion (e. G. Joan qui vs. The ongoing copying case, the jordan trademark case, etc.) and can be searched online for specific content。
What are the main impacts of creating awareness of intellectual property protection on productive life
Protection of intellectual property rights seems to be distant from ordinary people's lives, but is, in fact, closely linked to all areas of our productive lives. For example, as a consumer and an operator in the retail trade, care should be taken to identify the identification of goods and to prevent the procurement of counterfeit and hypocritical products that mimic the trademarks of others. In particular, operators should pay more attention to the choice of formal channels and the retention of relevant documentation when entering the goods; artists should be copyright-conscious, register their own creations in a timely manner, and others should not be free to “leave” their work, justify the reference to others' works and avoid disputes or losses arising from “copying” and “to be copied”; and technology developers should focus more on research and development, protecting both hands and applying for patents in a timely manner so that research is not misused by others。
In everyday life, the identification of common intellectual property-type labels is more conducive to the identification of goods chosen or to the avoidance of unintentional violations. In the case of registration of trademarks, the trademark rights holder has the exclusive right to use them without permission; tm is the acronym of trademark in english, meaning a trademark, which is generally used by unregistered trademarks and is protected only if the unregistered trademark reaches a certain profile; tm is the acronym of copyright, meaning copyright (authorship rights) and the author's right to copyright arises from the date of completion of the work in our country, in accordance with the law, but is more conducive to proving the attribution of rights and reducing disputes after registration。
What kind of infringement of intellectual property rightsLegal liabilityWhat
The legal liability for infringement of intellectual property rights includes civil, administrative and criminal liability. Civil liability includes, inter alia, cessation of the tort, removal of effects, apology and compensation for the loss, in which the claim for compensation for the loss is supported under legal conditions up to five times the amount of the loss. Administrative responsibility is mainly directed at more serious violations, with the intellectual property administration ordering the perpetrators to cease violations, confiscation, destruction of tort goods and instrumentalities, and administrative penalties such as fines. Criminal liability is primarily for serious infringement of intellectual property rights, offences under the criminal code against the order of the socialist market economy and constitutes an offence against intellectual property, with different penalties。
Little cope:
On 3 march 2021, the supreme people's court issued its interpretation of the application of punitive compensation in civil cases of aggression of intellectual property, specifying that the people's court shall, in civil cases, examine and deal with “intentional” infringement of intellectual property in the event of “serious circumstances”, if the plaintiff requests that the defendant be held liable for punitive acts. Further clarification of the conditions for the application of punitive liability increases the cost of infringement by infringers and adds a “weight” code to the overall enhancement of intellectual property protection。
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