Intellectual property, also known as the ownership of intellectual property, refers to the exclusive rights that people enjoy in accordance with the law on their intellectual achievements. It is usually the exclusive right granted by the state to the creators for their intellectual achievements in a certain period of time.
知识产权，也称“知识所属权”，指“权利人对其智力劳动所创作的成果和经营活动中的标记、信誉所依法享有的专有权利”，一般只在有限时间内有效。各种智力创造比如发明、外观设计、文学和艺术作品，以及在商业中使用的标志、名称、图像，都可被认为是某一个人或组织所拥有的知识产权。“知识产权”一词是在 1967 年世界知识产权组织成立后出现的。
Intellectual property, also known as “ownership of knowledge”, refers to “the exclusive rights enjoyed by the obligee in accordance with the law for the achievements created by his intellectual labor and the marks and reputation in his business activities”, which is generally valid only for a limited period of time. Various intellectual creations, such as inventions, designs, literary and artistic works, as well as signs, names and images used in business, can be considered as intellectual property rights owned by a certain person or organization. The term “intellectual property” appeared after the establishment of the World Intellectual Property Organization in 1967.
Intellectual property rights are the exclusive rights of intellectual labor achievements created by human beings in social practice. With the development of science and technology, in order to better protect the interests of property owners, the intellectual property system came into being and constantly improved. Nowadays, there are more and more infringement of intellectual property rights, such as patent right, copyright, trademark right and so on. In the first half of the 17th century, the modern patent system came into being; one hundred years later, the system of “patent specification” came into being; and more than one hundred years later, the system of “claims” came into being from the needs of the court in dealing with infringement disputes. In the 21st century, intellectual property is closely related to human life and is full of intellectual property. We can see its important role in commercial competition.
2017 年 4 月 24 日，最高法首次发布《中国知识产权司法保护纲要》。2018 年 9 月，中共中央办公厅、国务院办公厅印发《关于加强知识产权审判领域改革创新若干问题的意见》等重要文件。2019 年，《2018 年中国知识产权发展状况评价报告》发布：同年 11 月 24 日，中共中央办公厅、国务院办公厅印发了《关于强化知识产权保护的意见》，并发出通知，要求各地区各部门结合实际认真贯彻落实。
On April 24, 2017, the supreme law for the first time issued the outline of judicial protection of intellectual property in China. In September 2018, the general office of the CPC Central Committee and the general office of the State Council issued the opinions on strengthening reform and innovation in the field of intellectual property trial and other important documents. In 2019, the evaluation report on China’s intellectual property development in 2018 was issued: on November 24 of the same year, the general office of the CPC Central Committee and the general office of the State Council issued the opinions on strengthening the protection of intellectual property rights, and issued a notice, requiring all departments in various regions to implement the report in combination with the actual situation.
英文为“intellectual property”，其原意为“知识（财产）所有权”或者“智慧（财产）所有权”，也称为智力成果权。在中国台湾和香港，则通常称之为智慧财产权或智力财产权。根据中国《民法通则》的规定，知识产权属于民事权利，是基于创造性智力成果和工商业标记依法产生的权利的统称。有学者考证，该词最早于 17 世纪中叶由法国学者卡普佐夫提出，后为比利时著名法学家皮卡第所发展，皮卡第将之定义为“一切来自知识活动的权利”。直到 1967 年《世界知识产权组织公约》签订以后，该词才逐渐为国际社会所普遍使用。
English is “intellectual property”, which originally means “intellectual property” or “intellectual property”, also known as intellectual property right. In Taiwan and Hong Kong, it is usually called intellectual property rights or intellectual property rights. According to the general principles of the civil law of China, intellectual property rights belong to civil rights, which are based on the creative intellectual achievements and industrial and commercial marks. According to some scholars, this word was first put forward by French scholar kapzov in the middle of the 17th century, and then developed by the famous Belgian jurist picardi, who defined it as “all rights derived from knowledge activities”. It was not until the signing of the World Intellectual Property Organization Convention in 1967 that the word was gradually widely used by the international community.
The concept of intellectual property
Intellectual property rights refer to the exclusive rights that people enjoy in accordance with the law for their intellectual achievements, which are usually the exclusive rights or exclusive rights granted by the state to the creators for their intellectual achievements in a certain period of time.
In essence, intellectual property is an intangible property right. Its object is intellectual achievement or intellectual product. It is an intangible property or a spiritual wealth without form. It is the labor result created by creative intellectual labor. Like houses, automobiles and other tangible properties, it is protected by national laws and has value and use value. The value of some major patents, well-known trademarks or works is far higher than that of tangible property such as houses and automobiles.
Intellectual property rights are the exclusive rights enjoyed by inventors and creators in the fields of science and technology, literature and art. Its scope includes patents, trademarks, copyrights and related rights, integrated circuit layout design, geographical indications, new varieties of plants, trade secrets, traditional knowledge, genetic resources and folk literature and art.
1、 Copyright and industrial property
Intellectual property is the ownership of the fruits produced by intellectual labor. It is an exclusive right granted to qualified authors, inventors or owners of achievements within a certain period of time in accordance with the laws of various countries.
It has two types: one is copyright (also known as copyright, literary property rights), the other is industrial property rights (also known as industrial property rights).
Copyright, also known as copyright, refers to the general term of property rights and spiritual rights enjoyed by natural persons, legal persons or other organizations for literary, artistic and scientific works according to law. It mainly includes copyright and neighboring rights related to copyright; generally speaking, intellectual property rights mainly refer to computer software copyright and work registration.
（2） Industrial property rights
Invention patents, trademarks and industrial product designs constitute industrial property rights. Industrial property rights include patents, trademarks, service marks, manufacturer’s name, origin name, plant variety right and IC layout design exclusive right.
Industrial property right is a kind of intangible property right with practical economic significance in industry, commerce, agriculture, forestry and other industries. It mainly includes patent right and trademark right.
Intellectual property rights and interests
Personal rights and property rights
（1） Personal rights
According to the content composition, intellectual property rights are composed of personal rights and property rights, also known as spiritual rights and economic rights.
The so-called personal right refers to the inseparable right from the person who has achieved intellectual achievements, and is the reflection of personal relationship in law. For example, the author’s right to sign his or her work, or the right to publish or modify his work, is a spiritual right.
（2） Property rights
The so-called property right refers to the right that after the intellectual achievements are recognized by law, the obligee can use these intellectual achievements to obtain rewards or rewards, which is also called economic rights. It refers to the results of intellectual and creative labor, and is a kind of right enjoyed by intellectual workers according to law.
Intellectual property investment
According to Article 27 of the company law of the people’s Republic of China, shareholders may make capital contributions in currency, or in kind, intellectual property rights, land use rights and other non monetary properties that can be valued in currency and can be transferred according to law; however, the property that cannot be used as capital contribution according to laws and administrative regulations is excluded.
The value of non monetary property as capital contribution shall be evaluated and verified, and the value shall not be overestimated or undervalued. If there are provisions in laws and administrative regulations on valuation, such provisions shall be followed.
The intellectual property investment needs to be evaluated, and the evaluation needs to provide the following materials:
(1) Provide patent certificate, patent register, trademark registration certificate, transfer contract related to intangible assets investment, handover certificate, etc.
(2) Fill in the verification list of intangible assets contribution. The name, effective status, pricing and other contents required to be filled in shall comply with the contract, agreement and articles of association. The enterprise shall sign or sign for acceptance and obtain the approval of all investors and sign on the list.
(3) Intangible assets should go through the transfer procedures (intellectual property rights transfer registration procedures; non patented technology signing technology transfer contracts; land use rights changing land registration procedures) but not completed at the time of capital verification, the investment property transfer form should be filled in and signed by the enterprise to be established and its investors, and the relevant property transfer procedures should be completed within the specified time limit Payment method, place of delivery, contract, agreement and articles of association shall be consistent with the contract, agreement and articles of association: the column of “signature and seal of the receiver” shall be signed and sealed by all shareholders.
(4) The appraisal report issued by the assets appraisal institution, including the appraisal purpose, the appraisal scope and object, the appraisal benchmark date, the appraisal hypothesis, and so on, meets the capital verification requirements, and the confirmation documents of the appraisal assets value by the investors.
(5) Article 27 of the new company law has deleted the requirement on the proportion of intellectual property investment in the old paragraph, which means that enterprises can make 100% investment with intellectual property rights.
(6) If the patentee is a unit owned by the whole people, the approval of the competent department at a higher level shall be provided; if the investment is made by the patent right, the approval document of the competent department of trademark shall be provided; if the investment is made by high-tech achievements, the examination and confirmation documents of the national or provincial science and technology administrative department shall be provided.
It refers to the exclusive right granted by the trademark authority to the trademark owner to be protected by the national law. Trademark is a commercial sign used to distinguish goods and services from different sources. It is composed of words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as the combination of the above elements. The acquisition of trademark right in China must follow the procedure of trademark registration and implement the principle of application first. Trademark is a kind of identification mark in industrial activities, so the function of trademark right mainly lies in maintaining the order of industrial activities, which is different from patent right in promoting the development of industry.
It refers to the exclusive right of an invention creation granted to the patent applicant within a specified period of time after the patent application for an invention creation is submitted to the State Patent Office and passed the examination according to law. According to the Chinese patent law, there are three types of inventions and creations: invention, utility model and design. After a patent right is granted for an invention or utility model, the patentee has the exclusive right to the invention creation. No unit or individual may exploit its patent without the permission of the patentee, that is, it shall not manufacture, use, offer to sell, sell or import its patented products for the purpose of production and operation. After the patent right for design has been granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it shall not manufacture, sell or import the patented product for the purpose of production and operation. Any dispute arising from the exploitation of a patent without the permission of the patentee, that is, infringement of the patent right, shall be settled by the parties concerned through consultation; if the parties are unwilling to consult or fail to reach an agreement through consultation, the patentee or the interested party may bring a suit to the people’s court or request the administrative department for patent affairs to handle the matter. Of course, there are also exceptions to non infringement, such as the right of first use and the use of scientific research purposes. Patent protection adopts the protection mode of “two ways, parallel operation and judicial protection” of judicial and administrative law enforcement. The administrative protection in this region takes the form of patrol law enforcement and joint law enforcement, focusing on the phenomenon of serious disruption of patent legal environment such as group infringement and repeated infringement.
right to firm name
That is, the right of manufacturer’s name is a kind of right to use the registered trade name (manufacturer’s name, enterprise name) without being interfered by others. The right of business name of an enterprise cannot be equal to the right of personal name.
In addition, the name of origin, know-how and anti unfair competition are also stipulated in the Paris Convention. However, the name of origin is not an intellectual achievement. Proprietary technology and unfair competition can only be protected by the anti unfair competition law and generally not included in the scope of intellectual property rights.
Introduction to copyright
Works in natural sciences, social sciences, literature, music, drama, painting, sculpture, photography and cinematography constitute copyrights. Copyright is defined by law that a certain unit or individual has the right to print, publish and sell a certain work. Anyone who wants to copy, translate, adapt or perform requires the permission of the copyright owner, otherwise, it is the right of others