What is intellectual property? How important is intellectual property? What are the intellectual property rights? Now, I will take you to understand:
1、 What is intellectual property?
Intellectual property rights refer to the exclusive rights enjoyed by citizens, legal persons or other organizations in accordance with the law with respect to the intellectual achievements made by creative labor in the fields of science and technology or culture and art.
Intellectual property rights include: industrial property rights and copyright (called copyright in China).
1. Industrial property rights include patents, trademarks, service marks, names of manufacturers, names of places of origin, curbing unfair competition, as well as the rights of new varieties of plants and exclusive rights of layout and design of integrated circuits.
2. Copyright is divided into personal rights and property rights. Copyright, patent right and trademark right sometimes overlap, which is a feature of intellectual property rights.
2、 What is a trademark?
A trademark (English TradMark) refers to a visual sign composed of words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as the combination of the above elements, which is used by producers and operators to distinguish their own goods or services from others' goods or services.
After the trademark certificate comes down, it is valid for 10 years. It can be renewed when the time is up.
3、 What is copyright?
Copyright refers to the rights (including property rights and personal rights) enjoyed by the authors of literary, artistic and scientific works over their works. Copyright is a type of intellectual property rights, which is composed of works in natural science, social science, literature, music, drama, painting, sculpture, photography and film photography.
The term of protection of copyright and property rights is as follows according to the nature of the work and the subject of copyright.
1. The period during which the author is a citizen
The protection period is the author's lifetime and 50 years after his death, ending on December 31 of the 50th year after his death; In the case of a joint work, it shall expire on December 31 of the 50th year after the death of the last author.
2. The period when the author is a legal person or other organization
The term of protection is 50 years, expiring on December 31 of the 50th year after the first publication of the work; However, if a work has not been published within 50 years after the completion of its creation, the Copyright Law will no longer protect it.
3. Term of Special Works
The term of protection for cinematographic works and works and photographic works created by means similar to cinematography is 50 years, expiring on December 31 of the 50th year after the first publication of the works; However, if a work has not been published within 50 years after the completion of its creation, the Copyright Law will no longer protect it.
For a work of unknown authorship, the term of protection of the right to use and the right to remuneration shall be 50 years after the first publication of the work. The "unknown identity" of the author here means that it is difficult to determine the identity of the author because the work is published under a pseudonym, pseudonym, pseudonym or without signature. If the author is determined within 50 years, the term of protection of his/her copyright shall be subject to the said provisions.
4. What is a patent?
The word patent comes from the Latin word Litteraepantes, which means open letters or public documents. It is the certificate used by the monarch in the Middle Ages to issue certain privileges, and later refers to the exclusive right certificate signed by the British king himself.
5. Classification of patents
The types of patents vary in different countries. In China's patent law, there are: invention patents, utility model patents and design patents.
6. Main features of patent
Exclusivity (exclusiveness), regionality, timeliness.
4、 Intellectual property plays a very important role in promoting the development of enterprises
1. Can ensure the operation safety of the enterprise
Enterprises, especially technology-based enterprises, are mostly at the forefront of scientific and technological innovation. Through scientific and technological research and development, they produce products suitable for market demand. Strengthening the protection of intellectual property rights can enable enterprises to enjoy the market benefits brought by intellectual property rights alone, avoid the loss of intellectual property rights, avoid the risk of infringement, and ensure the business safety of enterprises.
2. It can ensure the safety of enterprise R&D investment
When conducting scientific research projects and independent research and development, enterprises can timely understand the intellectual property status of their fields through the analysis and utilization of intellectual property information, so as to avoid infringing the prior rights of others, resulting in "invalid" research and development, and wasting human, material and financial resources.
3. It can improve the added value of the product market
By producing and selling products with independent intellectual property rights, enterprises can enhance their corporate image, enhance their market competitiveness, and even gain the right to speak on market pricing.
4. Can improve the position of enterprises in joint venture cooperation and business negotiation
By using independent intellectual property rights, enterprises can increase capital and share, pledge financing, license use, establish industrial alliances, etc., and improve their position in joint venture cooperation and business negotiations.
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