What is intellectual property?
Intellectual property refers to the exclusive rights enjoyed by natural persons, legal persons or other organizations according to law.
2. What kinds of intellectual property rights include?
Intellectual property rights can be roughly divided into two categories: one is industrial property rights, including patents, trademarks, prohibition of unfair competition, trade secrets, geographical indications and so on. The other is copyright, which involves literary, artistic and scientific works, such as novels, poems, plays, movies, music, songs, fine arts, photography, sculpture, architectural design and so on. Copyright in a broad sense also includes rights related to copyright, the rights of producers and performers to their performances, the rights of producers of phonograms to their phonograms, and the rights of radio and television organizers to their radio and television programs. In addition, with the continuous development of knowledge economy, the exclusive right of integrated circuit layout design, new plant variety right, anti-monopoly right and domain name right are gradually incorporated into the intellectual property system.
3. What is the difference between administrative protection and judicial protection of intellectual property rights?
At present, China adopts the dual-track protection mode of attaching equal importance to administrative protection and judicial protection, which is also the characteristic of intellectual property protection in China. Administrative protection means that administrative organs and law enforcement organs perform their duties according to the administrative power entrusted by law and safeguard the legitimate rights and interests of intellectual property rights holders. Judicial protection means that the people's courts protect the legitimate interests of intellectual property rights holders through judicial trials of intellectual property civil, administrative or criminal cases. Both administrative protection and judicial protection are compulsory protection of intellectual property rights with the help of state public power, but there are also differences between them.
(1) has different properties. Although administrative protection can also be initiated through the application of the obligee, it is more based on the measures taken by the administrative power; Judicial protection is generally initiated by the obligee seeking legal relief from the judicial organs according to the provisions of the procedural law, and follows the principle of "no prosecution, no concern".
(2) Fairness and efficiency have their own emphases. Administrative protection is more efficient, measures are more direct, rapid and powerful, and procedures are relatively simple; The goal of judicial protection is the unity of justice and benefit, and the procedure is perfect, but the litigation period is relatively long.
(3) Different protective measures. Administrative protection measures mainly include administrative compulsory measures such as ordering to stop infringement, sealing up and seizure, administrative penalties such as fines and confiscation of illegal income, and administrative mediation of compensation amount. Judicial protection includes civil relief, administrative relief and criminal relief of intellectual property rights, which makes the infringing and illegal subjects bear civil, administrative or criminal responsibilities. The forms of civil liability include stopping the infringement, eliminating the influence, apologizing, and compensating for losses. The forms of administrative responsibility include revoking or changing specific administrative acts and performing statutory duties, and the forms of criminal responsibility include criminal detention, fixed-term imprisonment and fines.
There are different opportunities for follow-up relief. If the obligee is still dissatisfied after administrative relief, he can also seek judicial protection, that is, the administrative settlement of intellectual property disputes does not rule out the opportunity for follow-up relief through judicial settlement. The obligee can also seek judicial protection directly, but judicial protection is the ultimate remedy, and administrative protection cannot be sought because of dissatisfaction with judicial protection.
4. What are the administrative organs that protect intellectual property rights in China?
In view of different types of intellectual property rights and their protection requirements, China has set up corresponding administrative departments from the state to the local level to perform the duties of intellectual property protection. From the national level, the administrative departments mainly include China National Intellectual Property Administration, State Administration for Industry and Commerce, National Copyright Administration, Ministry of Commerce, AQSIQ, State Forestry Administration, Ministry of Agriculture and General Administration of Customs. From the local level, the local administrative departments under the above ministries and commissions mainly perform protection duties.
legal ground
patent law of the people's republic of china
Article 60
The decision made by the administrative department for patent in the State Council to grant a compulsory license for exploitation shall be notified to the patentee in time, and shall be registered and announced.
The decision to grant compulsory license shall stipulate the scope and time of implementation according to the reasons for compulsory license. When the reasons for compulsory license are eliminated and no longer exist, the administrative department for patent in the State Council shall, at the request of the patentee, make a decision to terminate the compulsory license after examination.