What does intellectual property include?

Intellectual property law is the general name of legal norms regulating various social relations arising from the creation and use of intellectual achievements and in the process of confirming, protecting and exercising the intellectual property rights of intellectual achievements owners. Generally, it includes the following legal systems; Copyright legal system and patent legal system; Copyright legal system; Legal system of trademark right; Legal system of trade name right; The legal system of the right to mark the origin; Legal system of trade secret right; And the legal system against unfair competition law. Intellectual property rights include: industrial property rights and copyright (called copyright in China). Industrial property rights: Invention patents, trademarks and industrial designs constitute industrial property rights. Industrial property rights include patents, trademarks, service marks, names of manufacturers, names of countries of origin, prevention of unfair competition, rights to new plant varieties and exclusive rights to layout design of integrated circuits. Main type: 1. Trademark right refers to the exclusive right granted by national laws to trademark owners to protect their registered trademarks. A trademark is a commercial symbol used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional symbols, color combinations or combinations of the above elements. The acquisition of trademark rights in China must fulfill the trademark registration procedure and implement the principle of first application. Trademark is an identification mark in industrial activities, so the function of trademark right mainly lies in maintaining order in industrial activities, which is different from that of patent right mainly in promoting industrial development. 2. Patent right and patent protection means that an invention-creation is applied to the State Patent Office for a patent, and after being examined and approved according to law, it is granted the exclusive right to the invention-creation within a specified time. According to the provisions of China's patent law, inventions are divided into three types, namely, inventions, utility models and designs. After a patent for invention and utility model is granted, the patentee enjoys exclusive rights to his invention and creation. No unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes. After the patent right of a design patent is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, may not manufacture, sell or import the patented product for production and business purposes. Without the permission of the patentee, the implementation of his patent will infringe his patent right and cause disputes, which shall be settled by the parties through consultation; Unwilling to negotiate or if negotiation fails, the patentee or interested party may bring a lawsuit to the people's court or request the administrative department for patent affairs to handle it. Of course, there are exceptions to non-infringement, such as prior right to use and use for scientific research purposes. Patent protection adopts the protection mode of "two-way parallel and judicial guarantee" between judicial and administrative law enforcement. The administrative protection in this area takes the form of patrol law enforcement and joint law enforcement, focusing on cracking down on group infringement, repeated infringement and other phenomena that seriously disturb the patent legal environment. 3. Trade name right. In other words, the manufacturer's name right is the right to use its registered trademark name (manufacturer's name, enterprise name) without interference from others. The trademark right of an enterprise cannot be equated with the right of personal name (a kind of personality right). In addition, such as the name of origin, know-how and anti-unfair competition are also stipulated in the Paris Convention, but the name of origin is not an intellectual achievement, and know-how and unfair competition can only be protected by the anti-unfair competition law, generally not included in the scope of intellectual property rights. Copyright Natural science, social science, literature, music, drama, painting, sculpture, photography and film works constitute copyright. Copyright refers to the right of a unit or individual to print, publish and sell a work according to law. Anyone who wants to copy, translate, adapt or perform needs permission from the copyright owner, otherwise it will infringe on the rights of others. The essence of intellectual property rights is to treat human intellectual achievements as property. Copyright is the original author of literary, artistic and scientific works, and it is a civil right enjoyed by his works according to law. Copyright: In China, copyright in a broad sense includes (in a narrow sense) copyright, neighboring rights of works, computer software copyright and so on. , which belongs to the scope stipulated by the copyright law. This is the exclusive right of the copyright owner to use the crop (work). In a narrow sense, copyright is divided into the right of publication, the right of signature, the right of modification, the right to protect the integrity of a work, the right to use it and the right to receive remuneration (article 10 of the Copyright Law). Copyright is divided into personal rights and property rights of works. Copyright, patent right and trademark right sometimes overlap, which is a feature of intellectual property rights. Copyright: 1: Copyright comes into being from the date of creation. 2. Also called copyright. Divided into personality right and property right of works. 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. 3. Have the following rights: (1) The right of publication, that is, the right to decide whether a work is made public; (2) the right of signature, that is, the right to indicate the identity of the author and sign his name on the work; (3) the right to modify, that is, the right to modify or authorize others to modify a work; (four) the right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering; (5) the right of reproduction, that is, the right to make one or more copies of a work by means of printing, photocopying, rubbing, audio recording, video recording, reproduction or reproduction; (6) the right of distribution, that is, the right to provide the original or duplicate of a work to the public by way of sale or gift; (7) the right to rent, that is, the right to temporarily license others to use film works, works created by methods similar to filming, and computer software, except that computer software is not the main object of rent; (8) The right to exhibit, that is, the right to publicly display the original or duplicate of an artistic work or photographic work; (nine) the right to perform, that is, the right to publicly perform a work and publicly broadcast the performance of the work in various ways; (10) the right of projection, that is, the right to publicly copy art, photography, movies and works created by methods similar to filming through projectors, slide projectors and other technical equipment; (11) Broadcasting right, that is, the right to publicly broadcast or disseminate works by wireless means, broadcast works to the public by wired or rebroadcast means, and broadcast works to the public through loudspeakers or other similar tools for transmitting symbols, sounds and images; (12) the right of information network communication, that is, the right to provide works to the public by wired or wireless means, so that the public can obtain works at the time and place they choose; (13) the right to make a film, that is, the right to fix a work on a carrier by making a film or by similar methods; (14) the right of adaptation, that is, the right to change a work and create a new work with originality; (15) the right to translation, that is, the right to convert a work from one language into another; (16) the right of assembly, that is, the right to assemble a work or fragments of a work into a new work through selection or arrangement; (seventeen) other rights that should be enjoyed by the copyright owner. Copyright protects the expression of ideas, not the ideas themselves, because while protecting exclusive private property rights such as works' property rights, it also takes into account the accumulation of human civilization and the dissemination of knowledge and information, so algorithms, mathematical methods, technology or machine design are not the objects to be protected by copyright. [Edit this paragraph] Characteristics of intellectual property (1) Intellectual property is an intangible property. (2) Intellectual property rights are exclusive. (3) Intellectual property rights have the characteristics of timeliness. (4) Intellectual property rights have regional characteristics. (5) The acquisition of most intellectual property rights requires legal procedures. For example, the acquisition of copyright is automatically generated from the date of completion of the work. 1, exclusivity, that is, exclusivity or monopoly; Without the consent of the creditor or the law, no one except the creditor may enjoy or use this right. This shows that the exclusive right of the obligee is strictly protected from infringement by others. Only through legal procedures such as "compulsory license" and "expropriation" can the exclusive right of the obligee be changed. The object of intellectual property is the intellectual achievement of human beings, which is neither a person nor a personality, nor something tangible or intangible outside, so it can neither belong to personality rights nor property rights. On the other hand, intellectual property is a complete right, but the interests as the content of the right are both economic and non-economic, so it cannot be said that intellectual property is a combination of the two types of rights. For example, copyright is the combination of personal rights (or personality rights or spiritual rights) and property rights, which is wrong. Intellectual property is a kind of right with complex content (multiple functions), economy and non-economy. Therefore, intellectual property rights should be juxtaposed with personality rights and property rights and form a class of their own. 2. Regionality, that is, it is only valid in the confirmed and protected areas; That is to say, unless an international convention or bilateral reciprocal agreement is signed, the rights protected by a country's laws will only take legal effect in that country. Therefore, intellectual property rights are both regional and international under certain conditions. 3, timeliness, that is, only within the prescribed protection period. In other words, the protection of various rights by law has a certain period of validity, and the length of the protection period can be the same or different. Only by participating in international agreements or making international applications can a certain right be uniformly protected. 4. Intellectual property is an absolute right, which is similar to the ownership in real right in some respects, such as the right to directly control things, which can be used, benefited, disposed of and controlled by other kinds (but there is no possession problem); Exclusive; Transferability (including inheritance), etc. 5. Intellectual property rights are restricted by law in several aspects. Although intellectual property is a private right, although the law also recognizes its exclusiveness, it is not suitable for anyone to monopolize for a long time because of the high publicity of human intellectual achievements and the close relationship with the development of social culture and industry. Therefore, the law stipulates many restrictions on intellectual property rights: first, from the perspective of the occurrence of rights, the law stipulates various positive and negative conditions and publicity methods. For example, the occurrence of patent rights requires application and examination and approval. There are various conditions for the invention, utility model and design to be granted patent rights (Articles 22 and 23 of the Patent Law), but some matters are not granted patent rights (Article 25 of the Patent Law). Although there are no restrictions on the application, examination and registration of copyright, there are also restrictions in Articles 3 and 5 of the Copyright Law. Second, the law has special provisions on the term of rights. This is a big difference between intellectual property and ownership. Third, the obligee has a certain obligation to use or implement. The law provides for compulsory license or compulsory license system. For copyright, the law also stipulates a fair use system. 6, the legal characteristics of intellectual property rights. Legally speaking, intellectual property rights have three most obvious legal characteristics: first, the regionality of intellectual property rights, that is, except for signing international conventions or bilateral and multilateral agreements, rights obtained according to the laws of a country can only be valid within the territory of that country and protected by the laws of that country; Second, the monopoly of intellectual property rights, that is, only the obligee can enjoy it, and others may not exercise their rights without the permission of the obligee; Third, the limitation of intellectual property rights, the laws of various countries have stipulated a certain period of time for intellectual property rights, after which the rights will automatically terminate. The head of the intellectual property department of Lantai Law Firm, which focuses on the legal protection of intellectual property rights, said, "Intellectual property rights refer to the exclusive rights enjoyed by citizens, legal persons or other organizations on the intellectual achievements completed by creative labor according to law, which are protected by law and shall not be infringed." ]