China’s current laws on intellectual property rights are as follows
Copyright Law, Regulations on Computer Software Protection, Patent Law, Trademark Law, Anti-Unfair Competition Law
Copyright Law and Regulations for Its Implementation object of copyright Law 1. Works 2. Works created for the purpose of accomplishing work tasks of the unit.
If a work created in service is created with the resources of the unit or as agreed in the contract, the copyright in the work shall belong to the unit, and the author shall enjoy only the right of authorship. The copyright in other work-related works shall still belong to the authors, but the units concerned shall have the priority to use them within the scope of their business, and the authors shall not, within two years, authorize other persons or units to use them without the consent of the units concerned.
(2) Persons concerned with copyright in the subject of copyright law, including copyright owners and transferees.
1. Copyright owner and Transferee Copyright owner is also called original copyright owner and transferee is also called successor copyright owner.
2. Determination of copyright owners The determination of copyright owners shall be based on the fact of creation. Organizing, consulting, providing material conditions or other auxiliary work for the creation of others shall not fall within the scope of creation and shall not be recognized as a copyright owner.
If more than one author is involved, the copyright is shared by the co-authors. A work may be used separately, and the authors may enjoy copyright in their respective parts, provided that the copyright in the joint work as a whole shall not be infringed.
If the author is unknown, the owner of the original work may exercise copyright except the right of authorship until the author’s identity is clear.
If a work is commissioned, the copyright in the work remains with the principal unless the contract provides for it.
(3) Copyright shall include
Right of publication right of authorship right of modification right of protection work integrity right of use, right of use license and right to obtain remuneration, right of transfer
1) Where copyright belongs to citizens, the right of authorship, right of modification and right to protect the integrity of the work shall never expire; The term of protection of the right of publication, use and remuneration shall be the life of the author and 50 years after his death (31 December of the 50th year). After the death of the author, the copyright is transferred according to the law of inheritance.
2) The copyright belongs to the organization: the term of protection of the right of publication, right of use and right of remuneration is 50 years (December 31 of the 50th year after the first publication), if not published within 50 years, will not be protected. After an entity changes or terminates, its copyright shall be enjoyed by the entity assuming its obligations.
2. License To use The copyright shall be licensed by the copyright owner and a contract shall be signed, including the mode of use, scope and term, remuneration and liability for breach of contract, etc. The contract is valid for no more than 10 years. However, in some cases, without obtaining permission or paying remuneration to the copyright owner, the name of the author and the title of the work must be indicated, and the copyright in the work must not be infringed upon. Such as personal study, research or appreciation, using the work of others, etc.
Computer software is also a work. So copyright law also applies. In addition, there are also some characteristics: 1. The protected software must be solidified on tangible objects, such as hard disks, optical disks, floppy disks, etc. 2. Rights of legal copy owner: With permission of the copyright owner, the copy owner may: (1) Install the software on the device; (2) back up copies, which shall not be transferred to others; (3) Modify the copies, but shall not be provided to any third party;
Trademark Law and Regulations for Implementation (1) The term of use of a trademark is 10 years. The period may be renewed upon expiration, but an application must be made 6 months in advance; If no application is made within this period, there is a six-month grace period; If you don’t apply, cancel.
(2) Where more than one applicant applies for the registration of the same or similar trademark on the same day, the applicant shall provide evidence of the previous use of the trademark before the registration. If there is no evidence, it is settled through negotiation. Consultation fruitless, draw lots.
(3) The right to exclusive use of registered trademarks is infringed upon by the following acts, please note: 1, without the consent of the trademark registrant, use 2, sales the same or similar trademark infringement of trademark goods (don’t know if a sale is infringing goods, and to prove from legitimate sources, does not bear the corresponding responsibility) 3, forge or sell another registered trademark 4, without the consent of the trademark registrant, change of its registered trademark
Where the registrant of a trademark dies or terminates, one year from the date of death or termination expires and no transfer procedures have been handled, anyone can apply for the cancellation of the trademark.
(1) The conditions for granting the patent right novelty, inventiveness and practical applicability.
No patent can be granted for scientific discoveries, for the treatment of diseases, for species of plants and animals, or for substances derived from the transformation of nuclear nuclei.
(2) Determining the inventor or creator of the patentee. The organization, provision of convenience, assistance, advice does not count. A patent for service invention shall be a unit.
The so-called service invention refers to the invention related to the task of the unit, or the use of the unit’s resources, or the work of the unit within one year after leaving the unit. For non-service invention, the unit has no right to prevent an individual from applying. If more than one applicant applies, the patent right shall go to the earliest applicant.
The duration of patent protection is 20 years, and the design patent is 10 years. An annual fee will be paid to obtain the patent, otherwise it will be terminated. In addition, any unit and individual can apply for patent review, review does not pass the patent termination.
In exceptional circumstances, the state can force permission.
You know the law against Unfair competition. Such as the use of government power, restricting the purchase of goods, and local protectionism, and so on.