Intellectual property short answer questions

1. Intellectual property refers to the exclusive rights enjoyed by citizens or legal persons in intellectual creation or innovation activities according to the provisions of the law, also known as "intellectual achievement right" and "intangible property right", which mainly includes industrial property rights composed of invention patents, trademarks and industrial designs, natural sciences, social sciences, literature, music, drama, painting, sculpture, photography and cinematography. 2. Classification:

From the content of rights, intellectual property rights include personal rights and property rights. Personal rights in intellectual property rights are exclusive rights inseparable from the person of the creator of intellectual activities, such as the right of signature, the right of publication, the right of revision, etc. The property right in intellectual property rights refers to the right of people who enjoy intellectual property rights to receive remuneration or other material benefits based on the results of such intellectual activities. According to the different results of intellectual activities, intellectual property rights can be divided into copyright, trademark right, patent right, invention right and discovery right. For the above intellectual property rights, China's "General Principles of Civil Law" has been clearly stipulated in Chapter 5, Section 3. 3. Intellectual property is an expanding open system. The development of science and technology and social progress not only enrich the connotation of traditional types of intellectual property rights, but also expand the extension of intellectual property rights. According to the Agreement on Trade-related Intellectual Property Rights, the Convention on the Establishment of the World Intellectual Property Organization and other international conventions, and China's domestic legislation such as the General Principles of the Civil Law and the Anti-Unfair Competition Law, the scope of intellectual property rights mainly includes the following contents:

Copyright and neighboring rights. Copyright, also known as copyright, refers to the personal rights and property rights enjoyed by the authors of literary, artistic and scientific works and their related subjects according to law. Neighboring right is called "copyright-related right" in copyright law.

2. Patent right refers to the exclusive right of natural person, legal person or other organization to exploit inventions, utility models and designs within a certain period of time.

3. Trademark rights, that is, all kinds of rights enjoyed by trademark registrants or heirs of registered trademark rights within the statutory time limit.

4. The right to trade secrets, that is, the exclusive right that the civil subject enjoys according to law for technical information or business information belonging to trade secrets.

5. The right to new plant varieties, that is, the exclusive right to use varieties authorized by units or individuals who have completed breeding according to law.

6. The right of integrated circuit layout design means the exclusive right of integrated circuit layout design enjoyed by natural persons, legal persons or other organizations according to law.

7. Trade name right, that is, the exclusive right to use a trade name legally enjoyed by commercial subjects within a certain geographical scope.

There are great differences in theoretical circles about whether the right to reward scientific and technological achievements, the right to geographical indications, the right to domain names, the right to fight unfair competition, the exclusive right to database and the right to commercialization can become independent intellectual property rights. 4. Patents are: first, the abbreviation of patent right refers to the patent right enjoyed by the patentee for invention creation, that is, the state grants the inventor or his successor the exclusive right to use his invention creation within a certain period of time according to law, and the emphasis here is on rights. Patent right is an exclusive right with exclusivity. If a non-patentee wants to use the patented technology of others, he must obtain the authorization or permission of the patentee according to law.

Second, it refers to inventions protected by the patent law, that is, patented technology, which is a proprietary technology recognized by the state and protected by law on the basis of publicity. The "patent" here refers to technical methods-technologies or schemes protected by national laws. The so-called proprietary technology is the technology with exclusive rights, which is a bigger concept, including patented technology and technical secrets. Some professional technologies that do not belong to patents and technical secrets are meaningful only in some technical service contracts. A patent is an invention protected by legal norms. It is an invention that submits a patent application to the national examination and approval authority, and after passing the examination according to law, the patent applicant is granted the exclusive right to the invention within the time specified by the country, and the annual fee needs to be paid regularly to maintain the protection status in the country.

Third, it refers to the patent certificate issued by the Patent Office to confirm that the applicant enjoys the patent right for his invention-creation, or refers to the patent document that records the content of the invention-creation, and refers to the specific material document. 5. Enterprise management. Trademark is the product of modern economy, which is different from the ancient imprint. Modern signs bear the intangible assets of enterprises and are the medium of comprehensive information transmission of enterprises. As an important part of enterprise CIS strategy, logo is the most widely used, frequent and key element in the process of corporate image communication. The strong overall strength, perfect management mechanism, high-quality products and services of the enterprise are all contained in the logo, which is deeply left in the hearts of the audience through constant stimulation and repeated portrayal.

7. Article 2 of the Implementation Regulations stipulates that "works referred to in the Copyright Law refer to intellectual achievements that are original in the fields of literature, art and science and can be reproduced in some tangible form." What is not protected is that, in addition to these eight items, copyright, also known as copyright, refers to the general name of property rights and personal rights enjoyed by natural persons, legal persons or other organizations in literary, artistic or scientific works according to law. Among them, the connotation of the personality right of a work includes the right of public publication, the right of name and the right to prohibit others from using the work to damage the author's reputation by distorting or tampering. Copyright property right is intangible property right, which is based on human wisdom, so it belongs to intellectual property right and is a kind of intellectual property right. Copyright comes into being from the date of creation, and China implements the principle of voluntary registration.

9. The basic principles of trademark law refer to the basic principles that should be followed in the process of establishing and protecting trademark rights. China trademark law has the following six basic principles:

I. Principles of registration

Second, the principle of priority application.

Three. Honesty and credibility. Principle 5 of voluntary registration, principle 6 of centralized registration and hierarchical management. The principle of parallel administrative protection and judicial protection

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