OneIntellectualBrief

Intellectual property" INTELLECTUAL PROPERTYTranslating come , denote people the civil right for that its intellectual labor accomplishment enjoys; Along with the establishment of World Intellectual Property Organization and the relevant International convention of intellectual property conclude become the general noun of world countries for intellectual accomplishment right.

Say commonly, intellectual property denotes the right of possession, use, punishment and profit that enjoys for intellectual labor accomplishment. Intellectual property is a kind of invisible property right, it gets the protection of state law as the tangible assets such as house and automobile , has value and use to worth. The values of some major Patents, famous trademarks or works will be far higher than the tangible assets such as house and automobile.

2 ,The content

The content of intellectual propertyTrademark,copyright, service mark, manufacturerunfairWait.

The legal property

Intellectual5Feature:1, invisible2, specialness;3, region;4, timeliness;5, national

Claim"Invisible", denote the- -Knowledge

For example, a book, the above word, and paper that we can see

Claim"Specialness", it is to say that intellectual property is to monopolize right and monopoly right , does not go through the permission of the person of intellectual property , any person must not possess and use; We may also understand from additionally a aspect , are impossible to have two or two above identical intellectual properties to exist on a knowledge product.

Claim"Region", denote intellectual property

Claim"Timeliness", denoting intellectual property have certain time restriction , exceed this time, knowledge product will enter to public field , becomes the wealth of whole society. For example, after copyright is dead for author to add it throughout life50In year,20In year,10In year, afterwards,

Claim"National", denote the most of intellectual properties

4, content introduces

( Yi) Trademark

1, the concept

Trademark is"Brand","Brand"Wait for that it is that enterprise is used the service or merchandise that will offer by oneself to society with the merchandise that offers other person to society or a remarkable sign of serving appearance difference , this sign may form alone by various writings and graphs normally , may also form by writing and graph combination.

2, how Trademark

Trademark makes choosing a person for the job must apply for to the national industrial and commercial administration department department of Trademark , and gets merchandise Trademark or the right special of serving the talent after Trademark registers to obtain for this Trademark. Registered Trademark gets protection only in the country registered , does not protect after registered Trademark does not get trade-mark law.

3The length

The trade-mark law of our country stipulates

4, application

In all production, manufacture, processing, selection and dealer article of our country or to society the institution and public organization and enterprise offered service project, as well as privately-owned business etc. have application to register the qualification of Trademark.

5, the tort

(1) do not have the permission of person by registered

(2) sales are fully

(3) forge , make without authorization

(4) give trade mark right other artificial infringements, if is other person infringement of trade mark offers storehouse to store up , transportation , send and hide etc. the behavior of convenient condition.

6, handling the

The trade-mark law of our country stipulates , after registered Trademark has been intruded , infringed person may to county level so as go to work firm Zheng management department requirement handling, may also directly indict to People's Court.

7, intrude trade mark

Intruding register Trademark other person, should compensate the loss of infringed person, and will get the punishment of administration departments for industry and commerce. Besides, form crime, will still look into criminal responsibility in accordance with law.

( 2) Patent

Basis the stipulationPatent:Invent Patent, the.

Invent: Denote is for the new technical

utility: Denote structure and the shape for

design: Denote its combination, pattern, color or

patent:Denote the legal person and natural person that asks Patent Office to create grant patent right for its invention. patent applicant may be unit that should invent creation and that inventor, design person or it belongs to , may be also the legal assignee or legal right inheritor who should invent creation , or signs agreement with China or attending international treaty together with China or according to equity handle foreign enterprise or the foreigner of country principle.

procedureThe procedure for approval of the application of invention of Patent includes: Accept , first trial , announce , really interrogate as well as authorization 5 stages. It is announced that utility model or the application of design of Patent does not carry out early stage in examining and approving so only accept with essence examination , first trial as well as authorization 3 stages.

durationduration of patent20Year, utility10Year.

patentGet rear duration of patent right protection in patent right , to maintain patent right, it is effective, the person of patent right has according to special year pay to incorporate the duty of annual cost. The person of patent right in patent annuity Zhi fit to expire do not still pay to fit or pay foot degree annual cost and overdue fine, patent right day that expires from last year takes termination.

( 3) copyright

1, the works

WorksThe works that right1) writing2) the works3) music, drama, folk4) the photography5) film, television6) project design, the7) the graph works8) computerSoftware; (9) the other works

2The right

The works that the person of copyright creates for self enjoy publication right, signature right, modification right, protective works integrality right, as well as use right and get remuneration right.

3, the arising

The arising of copyright produces

4, the time

CitizenWorks, its publication right and50Year; copyright belongs50Year;SoftwareThe protection25In year, after25Year.

( 4) unfair
1The kind of

(1) the deception

(2) with right go

(3) commercial

(4) false propagative

(5) intrude commercial

(6) is taking exclusion competitor

(7) slander the

(8) huge award

(9) collaborate

(10) put up

2, the department
Discover the behavior of unfair competition

( 5) other

If: The plant new kind right, manufacturer name and right of integrated circuit( trading company) , the identification of source of goods, the name of original production location ( geography identification ).