A) Intellectual property is an important factor to promote creation and invention, and it is the driving force of knowledge economy.
(b) Every country should be encouraged to develop an intellectual property culture suitable for its needs, including a focused national intellectual property strategy and the most appropriate national intellectual property system, and to raise awareness of intellectual property as a powerful means to promote national economic, social and cultural development (at the policy planning level and at the grassroots level).
(c) The intellectual property system, including its legal and institutional infrastructure and human resources capacity, should be consistent with national policy objectives. It should also be effective, affordable for users and easily accessible to all stakeholders, such as individuals and SMEs.
The intellectual property system should take into account the interests of intellectual property holders and the public. While keeping in mind the national policy objectives, we should also make them conform to international intellectual property laws and international agreements.
(e) WIPO's global protection system and services (namely, PCT, Madrid, The Hague and Lisbon systems) and the services of WIPO's arbitration and mediation center should continue to be efficient and of high quality, and meet the needs of users, including innovators, researchers, entrepreneurs, especially small and medium-sized enterprises and academic institutions.
(f) As a specialized agency of the United Nations responsible for intellectual property rights, WIPO's activities include major initiatives in this field to strengthen cooperation with other United Nations agencies and raise awareness of these agencies, the public and decision makers on the role of intellectual property rights in the framework of the United Nations Millennium Development Goals.
(g) Cooperation between WIPO and the private sector should be further strengthened to increase technical assistance to developing countries and countries in transition to a market economy. This includes providing necessary support in capacity-building and developing appropriate infrastructure and strengthening human resources.
(h) Modernization of planning, budgeting and accounting will ensure more openness, transparency and effectiveness in the management and implementation of activities.
How to understand intellectual property rights
1. Concept: Intellectual property refers to the exclusive right that people enjoy in accordance with the law on their intellectual achievements, usually the exclusive right or exclusive right granted by the state to the creators of their intellectual achievements in a certain period of time. It mainly includes copyright, patent right and trademark right.
Intellectual property is essentially an intangible property right, and its object is intellectual achievements or knowledge products, an intangible property or formless spiritual wealth, and a labor result created by creative intellectual labor. Like tangible property such as houses and cars, it is protected by national laws and has value and use value. The value of some major patents, well-known trademarks or works is much higher than tangible property such as houses and cars.
Second, the characteristics:
(1) Intellectual property is an intangible property.
(2) Intellectual property rights are exclusive.
⑶ Intellectual property rights have the characteristics of timeliness.
(4) Intellectual property rights are regional.
The acquisition of most intellectual property rights requires legal procedures, for example, the acquisition of trademark rights requires registration.
How to understand intellectual property rights?
As if I were fooling you. Since you entrusted it, it should be revised according to your requirements. The issue of intellectual property rights is irrelevant.
Intellectual property refers to the exclusive right that people enjoy according to law for their intellectual labor achievements, usually the exclusive right or exclusive right granted by the state to their intellectual achievements in a certain period of time. [1] Intellectual property is essentially an intangible property right, whose object is intellectual achievements or knowledge products, an intangible property or formless spiritual wealth, and a labor achievement created by creative intellectual labor. Like tangible property such as houses and cars, it is protected by national laws and has value and use value. The value of some major patents, well-known trademarks or works is much higher than tangible property such as houses and cars.
Who knows the characteristics of intellectual property rights?
Intellectual property rights are people's legal rights to intellectual achievements in the fields of science, technology and culture, as well as commercial marks and industrial and commercial achievements.
Intellectual property is essentially an intangible property right. Scholars have a lot of discussions about its characteristics. Some scholars believe that the only feature of intellectual property is the invisibility of the object. Some scholars summarize the characteristics of intellectual property rights as exclusiveness, regionality, timeliness and immateriality of the object; Another scholar believes that intellectual property rights are characterized by intangibility, exclusiveness, regionality, timeliness and reproducibility.
The author believes that compared with the ownership of tangible property, the characteristics of intellectual property are more prominent. Starting with the comparison of these two rights, this paper summarizes the characteristics of intellectual property rights into the following four aspects. I. The intangibility of the object The intangibility of the object is the most essential feature of intellectual property rights and the fundamental difference between intellectual property rights and tangible property rights. To some extent, the following characteristics of intellectual property rights-relative monopoly, limited legal effect in time and space, and uncertainty of the scope of rights protection-are rooted in this.
The object of intellectual property is knowledge product, which is usually the product of creative intellectual labor and its essence is a kind of information. This kind of information is in the "monopoly field", which enables the monopolist to obtain some legal market monopoly right, and obtains economic benefits by virtue of this right, preventing others from competing with themselves.
Contemporary western scholars divide property into movable property, immovable property and intellectual property. They believe that the creation of intellectual labor is called "knowledge" property because it is related to all kinds of information.
People combine these information with tangible carriers and make a lot of copies in different places at the same time. Intellectual property rights are not included in the above copies, but are reflected in the information reflected in the copies. Some scholars even suggested that "it may be better to regard intellectual property rights as information rights. With the development of society, it is increasingly necessary to claim that rights are divided into three categories: property rights, creditor's rights and information rights.
Why do you think that the essence of knowledge products is a kind of information? From the various objects of intellectual property to the specific analysis. The object of patent right is invention. Invention, whether as a "new technical scheme" or a "new design", conveys a kind of information to the public, and the public can implement the patent according to this information.
The object of copyright is works, and the author intends to express his thoughts and feelings to people through works. Japanese copyright law defines a work as "the product of creative expression of thoughts or feelings in the fields of literature, science, art or music"; China's "Regulations on the Implementation of Copyright Law" defines "works" as "intellectual creations that are original and can be reproduced in some tangible form in the fields of literature, art and science".
It can be seen that the essence of the work is information. As the object of trademark right, trademark is the symbol of the source of goods or services. It conveys information to the public, such as the manufacturer, origin and quality of goods or services. Consumers often rely on trademarks to make their own choices, while producers rely on trademarks to distinguish themselves from competitors' products or services.
Databases, especially electronic databases, can be said to be the epitome of information. The American H.R.354 Act (199 10) defines the database as "information * * *", that is, "information that has been collected and organized, changed from scattered to concentrated in one place or source for people to access, including facts, data, copyright works and so on. As for trade secrets, it can be said to be a kind of information. The third paragraph of Article 10 of China's Anti-Unfair Competition Law clearly defines trade secrets as "technical information and business information that are not known to the public, can bring economic benefits to the obligee, and are practical and kept confidential by the obligee".
As the essence of knowledge products, information is intangible. "It does not exist in the form of land, air or wild animals ... this kind of property is a creation in the strictest sense", which is different from the traditional object of real right. Japanese scholar Masao Iwatani defines the object of intellectual property as "intangible objects such as inventing, creating, expressing ideas or attracting customers, and the result of intellectual activities".
It is precisely because of this intangibility that intellectual property rights and tangible property rights are significantly different in object: first, the object and carrier of tangible property rights are unified, while the object and carrier of intellectual property rights are separated, and knowledge products can only be embodied through a certain tangible material carrier, which is not unique in form. For example, a work can be fixed on film and displayed in the form of a movie, or it can be written into a book and published in the form of words.
"From the traditional commercial transactions of crops such as words, music, photos, radio, movies, etc., we can find that the object of the transaction is not the crops themselves ... Although the crops are traded in the form of tangible things such as books, CDs, movies, etc., in fact, from the perspective of value, it is the connotation transaction of the crops in the main position, and the subordinate tangible transaction form is legally used." Then, what is the relationship between the object of intellectual property and its tangible carrier? Some scholars have introduced the concept of "abstraction" to describe the object of intellectual property: "Abstraction is the core structure necessary to constitute the identity of tangible things, and this core structure becomes the basis for observers to judge the identity between two concrete tangible things; Lawyers use this core structure to decide whether completely incomparable tangible things are the same or similar, or similar to each other. "
Second, the tangible carrier on which the object of intellectual property depends can be copied and imitated, and the intellectual property owner only enjoys exclusive rights to the same information reflected on several tangible carriers; However, for the object of tangible property rights, even if there are two identical tangible objects, there are two independent property rights on it. Third, under certain time and space conditions, the same knowledge product can be used by several subjects at the same time, and this use will not cause tangible losses like physical objects, nor will it lead to its own losses because of the consumption of physical objects. "Providing information to one person will not reduce the information provided to another person.
How to understand the word intellectual property?
[Edit this paragraph] The introduction is "intellectual property" in English and "Gestiges Eigentum" in German, both of which mean "knowledge (property) ownership" or "wisdom (property) ownership", also known as intellectual achievement right.
In Taiwan Province Province of China, it is called intellectual property. According to the general principles of civil law, intellectual property belongs to civil rights, which is the general term of rights based on creative intellectual achievements and industrial and commercial marks.
Some scholars have verified that this word was first put forward by the French scholar Kaptsov in the middle of17th century, and later developed by the famous Belgian jurist picardie. Piccadilly defined it as "all rights from intellectual activities". Intellectual property refers to the exclusive rights enjoyed by citizens or legal persons in intellectual creation or innovation activities according to 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, as well as copyrights (copyrights) composed of works such as natural science, social science, literature, music, drama, painting, sculpture, photography and movies.
Intellectual property is an intangible property right, which refers to the results of intellectual creative labor and the rights enjoyed by intellectual workers according to law. Such rights are called personal rights and property rights, as well as moral rights and economic rights.
The so-called personal right means that the right is inseparable from the person who has made intellectual achievements, and it is a legal reflection of personal relationship. For example, the author's right to sign a work, or the right to publish or modify a work. , is a spiritual right; The so-called property right refers to the right that the obligee can use these intellectual achievements to get remuneration or rewards after they are recognized by law. This right is also called economic right.
The object of intellectual property is human mind, and the creation of human intelligence belongs to "intellectual achievement right", which refers to the right legally enjoyed by spiritual wealth created by all intellectual activities in the fields of science, technology, culture and art [edit this paragraph] Meaning (1) The object of intellectual property is human intellectual achievement, which some people call spiritual (intellectual) output.
This kind of output (intellectual achievement) also belongs to an intangible property or intangible property, but it is different from intangible property belonging to physical products (such as electricity) and intangible property belonging to rights (such as mortgage and trademark rights). It is the direct product of human intellectual activity (brain activity). This intellectual achievement is not only thought, but also the expression of thought.
But it is different from the carrier of thought. (2) The exclusive use of intellectual achievements by the right subject is similar to the ownership in real right, so it was classified as real right in the past.
(3) The benefits obtained by the obligee from intellectual property rights are both economic and non-economic. These two aspects are combined and inseparable.
Therefore, intellectual property rights are different from neighboring rights (mainly non-economic interests) and property rights (mainly economic interests). [Edit this paragraph] Content 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 the country of origin,
How to understand intellectual property rights
1. Concept: Intellectual property refers to the exclusive right that people enjoy in accordance with the law on their intellectual achievements, usually the exclusive right or exclusive right granted by the state to the creators of their intellectual achievements in a certain period of time.
It mainly includes copyright, patent right and trademark right. Intellectual property is essentially an intangible property right, and its object is intellectual achievements or knowledge products, an intangible property or formless spiritual wealth, and a labor result created by creative intellectual labor.
Like tangible property such as houses and cars, it is protected by national laws and has value and use value. The value of some major patents, well-known trademarks or works is much higher than tangible property such as houses and cars.
II. Features: (1) Intellectual property is an intangible property. (2) Intellectual property rights are exclusive.
⑶ Intellectual property rights have the characteristics of timeliness. (4) Intellectual property rights are regional.
The acquisition of most intellectual property rights requires legal procedures. For example, the acquisition of trademark rights requires registration. . .
Understanding of intellectual property rights
Intellectual property refers to the exclusive rights enjoyed by citizens, legal persons or other organizations in science and technology or culture and art for the intellectual achievements obtained by creative labor.
This definition contains three meanings: (1) The object of intellectual property is the intellectual achievement of human beings, which some people call spiritual (intellectual) output. This kind of output (intellectual achievement) also belongs to an intangible property or intangible property, but it is different from intangible property belonging to physical products (such as electricity) and intangible property belonging to rights (such as mortgage and trademark rights). It is the direct product of human intellectual activity (brain activity).
This intellectual achievement is not only thought, but also the expression of thought. But it is different from the carrier of thought.
(2) The exclusive use of intellectual achievements by the right subject is similar to the ownership in real right, so it was classified as real right in the past. (3) The benefits obtained by the obligee from intellectual property rights are both economic and non-economic.
These two aspects are combined and inseparable. Therefore, intellectual property rights are different from neighboring rights (mainly non-economic interests) and property rights (mainly economic interests).
Intellectual property rights include: industrial property rights and copyright (called copyright in China). ■ Industrial property rights consisting of invention patents, trademarks and industrial designs.
Industrial property rights include patents, trademarks, service marks, names of manufacturers, names of countries of origin and prevention of unfair competition. The following only points out some main types of industrial property rights: △ Trademark right refers to the exclusive right granted by the national law to the trademark authority to protect the registered trademark of the trademark owner.
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. △ Patent right and patent protection refer to filing a patent application with the State Patent Office, which, after being examined and approved according to law, grants the patent applicant the exclusive right to enjoy the invention and creation within a specified time.
After an invention-creation is granted a patent right, the patentee enjoys exclusive rights to his invention-creation. 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 products 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.
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.
△ 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.
■ Natural science, social science, literature, music, drama, painting, sculpture, photography and cinematography 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.
△ All rights reserved. In China, copyright in a broad sense includes copyright (in a narrow sense), 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.
How to understand the supporting role of intellectual property rights to technology?
Strengthen innovation and the construction of intellectual property teachers; Formulate and implement patent quality strategy; Promote the transformation and application of high-quality patents.
Students are the future of the country and an important part of the future innovation subject. Educating them on innovation and intellectual property rights and improving their ability to create, use and protect intellectual property rights play an important role in creating an innovative environment for the whole people and building an innovative country. Although the Outline of National Intellectual Property Strategy emphasizes the need to infiltrate intellectual property content into students' textbooks and strengthen the popularization of intellectual property education, most universities and primary and secondary schools in China are generally short of innovative education and teachers in intellectual property, which leads to students' weak intellectual property awareness and lack of innovative consciousness, innovative ability and innovative spirit.
Improving patent quality is not only the need of intellectual property development, but also the basis of maintaining rapid and stable economic development and building a high-quality industrial structure. To improve the quality of patents, we can start from the following aspects:
First, we will continue to implement the Twelfth Five-Year Plan for Intellectual Property Talents, steadily push forward the "Ten Million Intellectual Property Talents Project" and strengthen the construction of intellectual property talents. For example, an excellent patent agent can basically solve the problems encountered in patent application writing under the premise of understanding the inventor's technical content, write the application text that meets the legal requirements and customer needs, and reduce the losses caused by the quality problems of patent documents to enterprises or inventors. Intellectual property engineers and managers in enterprises and institutions, such as intellectual property engineers, intellectual property commissioners and intellectual property managers, can help enterprises reduce intellectual property disputes caused by patent quality problems, manage intellectual property affairs of enterprises with business ideas and methods, and expand their market share.
The second is to revise and improve the patent laws and regulations, improve the patent search system, improve the examination and authorization methods of utility model patents and design patents, reduce duplicate authorization, and optimize the overall patent quality.
Third, further strengthen and improve the incentive mechanism and inspection mechanism of innovation achievements. The construction of enterprise's scientific and technological innovation mechanism is the key, and all system reform and mechanism innovation need to be implemented in enterprises in order to produce social and economic benefits.
Shen Changyu, director of China National Intellectual Property Administration, pointed out in the large-scale public welfare activity of "Intellectual property goes to the grassroots level and serves the economy on Wan Li Road" that it is an important work point for the intellectual property authorities at present and in the future to realize the effective connection between intellectual property services and economic and social development. Through the innovation of * * * service mode, the service level of * * * will be improved, and enterprises will be guided and helped to further enhance their ability to create, use, protect and manage intellectual property rights, so as to promote industrial transformation and upgrading.
As a bridge and link between innovation and market, intellectual property plays an important role in the construction of national innovation system. The purpose of protecting intellectual property rights is to realize the benefits of intellectual property rights, that is, the ultimate goal of intellectual property rights is not to own but to maximize benefits. As an intangible asset, the value of intellectual property is influenced by intellectual property rights such as market, technology and law, so the industrialization of intellectual property rights has the characteristics of high investment, high risk and high return.