A work as stipulated in the copyright law refers to

Works stipulated in the Copyright Law of People's Republic of China (PRC) refer to intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science, including:

1, written works;

2. Oral works;

3. Music, drama, folk art, dance and acrobatic works;

4. Artistic and architectural works;

5. Photographic works;

6. Audio-visual works;

7. Graphic works and model works such as engineering design drawings, product design drawings, maps and schematic diagrams;

8. Computer software;

9. Other intellectual achievements that meet the characteristics of the work.

The exercise of rights by copyright owners and copyright-related rights holders shall not violate the Constitution and laws of People's Republic of China (PRC), and shall not harm public interests. The state shall supervise and administer the publication and dissemination of works according to law.

Jite intellectual property:

The right of patent right:

(1) Permission. It means that the patentee can license others to exploit his patented technology and collect royalties. Where another person is licensed to exploit a patent, the parties concerned shall conclude a written contract.

(2) Transfer right and patent right can be transferred. Where a patent right is transferred, the parties concerned shall conclude a written contract and register it with the patent administration department, which shall make an announcement, and the transfer of the patent right shall take effect as of the date of registration. Where a unit or individual in China transfers a patent right to a foreigner, it must be approved by the relevant competent department.

(3) The right to mark means that the patentee has the right to mark the patent mark and patent number on his patented product or the packaging of the product. Obligation, the obligation of the patentee is mainly to pay the annual patent fee. Article 43 of the Patent Law stipulates that the patentee shall pay the annual fee from the year when the patent right is granted. Failure to pay the annual fee as required may lead to the termination of the patent right. In addition, after the patent right is granted, the creator of the service invention patent shall reward the inventor or designer in accordance with the regulations; After the patent is implemented, the inventor or designer shall be paid reasonable remuneration according to the economic benefits obtained from its popularization and application. Validity,

(1) After the patent right for an invention or utility model with exclusive exploitation right is granted, unless otherwise stipulated in the Patent Law, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented product for production and business purposes, or use its patented method and use, promise to sell, sell or import the product directly obtained according to the patented method. Therefore, the exclusive rights of product invention patentees and utility model patentees specifically include the right to manufacture, use, promise to sell, sell and import patented products; The exclusive right of use enjoyed by the invention patentee refers not only to the exclusive right of use of the patented method, but also to the right of use, promised sale, sale and import of the product directly obtained according to the patented method. Sales commitment here refers to the intention to sell goods through advertisements, window displays or trade fairs.

(2) After the patent right for design is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, sell or import its patented products for production and business purposes. It can be seen that the content of the exclusive right to implement the design patent includes the right to manufacture, the right to sell and the right to import the design patented product. Duration: The duration of the invention patent right is 20 years, and the duration of the utility model patent right and the design patent right is 10 years, all of which are counted from the date of application. After the expiration of the patent right, the patent right shall be terminated. Before the expiration of the patent right, the patentee may declare in writing that he will give up the patent right.

Restrictions:

(1) Compulsory license. Compulsory license, also known as involuntary license, refers to an administrative measure that the patent administration department directly permits the applicant who has the conditions to implement the invention or utility model patent without the consent of the patentee according to law. Its purpose is to promote the implementation of patented inventions, prevent patentees from abusing patent rights, and safeguard national interests and social public interests. China's patent law divides compulsory licensing into three categories:

1. There is no compulsory license for implementation. Where a unit with implementation conditions requests the patentee of an invention or utility model to license the exploitation of its patent on reasonable terms, but fails to obtain the license within a reasonable time, the patent administration department may, upon the application of the unit, grant a compulsory license to exploit the invention patent or utility model patent. After 3 years from the date of the patent right being granted, an application may be filed only if the administrative department for patent is requested to grant a compulsory license. This compulsory license should be limited to the needs of the domestic market; The invention and creation involved in compulsory license is semiconductor technology, and the implementation of compulsory license is limited to public non-commercial use. Or use the remedies determined by judicial or administrative procedures as anti-competitive behaviors.

2. Give compulsory license according to the needs of public interest. When there is a state of emergency or extraordinary situation in the country, or for the purpose of public interest, the patent administration department may grant a compulsory license to exploit the invention patent or utility model patent.

3. Compulsory licensing of subordinate patents. Where an invention or utility model for which a patent right has been obtained is a major technological progress with great economic significance compared with the invention or utility model for which a patent right has been obtained before, and its implementation depends on the implementation of the previous invention or utility model, the patent administration department may, upon the application of the latter patentee, grant a compulsory license to exploit the previous invention or utility model. Where a compulsory license for exploitation is granted in accordance with the provisions of the preceding paragraph, the patent administration department may also grant a compulsory license for exploitation of the latter invention or utility model upon the application of the former patentee.

(2) It is not regarded as patent infringement.

1. The patentee uses, promises to sell or sells the patented products manufactured or imported by him or the products directly obtained by the patented method after sales.

2. Having manufactured the same product, used the same method or made necessary preparations for manufacture and use before the patent application date, and continuing to manufacture and use it only within the original scope.

3. Foreign means of transport passing through China's territorial waters and airspace temporarily use the relevant patents in their devices and equipment for their own needs according to the agreement signed between their countries and China or the international treaties to which they are both parties, or according to the principle of reciprocity.

4. Dedicated relevant patents to scientific research and experiments.

legal ground

Copyright law of the people's Republic of China

Article 10 Copyright includes the following personal rights and property rights:

(a) the right to publish, that is, the right to decide whether the work is open;

(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, copying, remaking and digitization;

(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;

(seven) the right to rent, that is, the right to temporarily license others to use the original or copy of audio-visual works 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 to show, that is, the right to publicly copy art, photography, audio-visual works, etc. Through projectors, slide projectors and other technical equipment;

(11) The right to broadcast, that is, the right to publicly broadcast or replay a work by wired or wireless means, and the right to broadcast a work to the public through loudspeakers or other similar tools for transmitting symbols, sounds and images, but not including the right specified in Item 12 of this paragraph;

(12) the right of information network communication, that is, the right to provide it to the public by wired or wireless means, so that the public can obtain the works at the time and place of their choice;

(thirteen) the right to shoot, that is, the right to fix the work on the carrier by shooting audio-visual works;

(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.