Protection of intellectual property rights
Do you know how
Explain the law with cases
Intellectual property rights are closely related to our lives, a pen, a book, a piece of clothing, or a song that we are familiar with, may be endowed with intellectual property rights and protected by law.
So, what is intellectual property?
Protection of intellectual property rights
What should we do?
Below, together with the editor
Learn more about intellectual property
01
What is Intellectual Property
Intellectual property rights refer to the exclusive rights that people enjoy in accordance with the law on the fruits of their intellectual labor, and are usually the exclusive rights or exclusive rights granted by the state to the creators for their intellectual achievements for a certain period of time.
Article 123 of the Civil Code of the People's Republic of China Civil subjects enjoy intellectual property rights in accordance with law.
Intellectual property rights are the exclusive rights enjoyed by the right holder in accordance with the law in respect of the following subject matter:
(i) the works;
(2) Inventions, utility models, and designs;
(3) trademarks;
(4) geographical indications;
(5) Commercial secrets;
(6) Layout design of integrated circuits;
(7) new varieties of plants;
(8) Other subject matter provided for by law.
02
Types of intellectual property
copyright
Copyright, also known as copyright, is a general term for the exclusive rights enjoyed by authors or other copyright owners over literary, artistic or scientific works in accordance with the law, including personal rights (such as the right of authorship and publication) and property rights (such as the right to use and the right to receive remuneration).
Patent
It is the right of the inventor-creator or the transferee of his rights to exclusively use, benefit from, and dispose of the invention and creation within a certain period of time within the scope prescribed by law, and to exclude the interference of others. Including inventions, utility models, and designs.
Trademark
The exclusive and exclusive rights of a trademark owner to his trademark.
03
Cases related to intellectual property protection
The man was sentenced to four years in prison for infringing on the copyrights of others
A man with the pseudonym "Wang", in order to obtain illegal benefits, sold his books without the permission of the copyright owner, and entrusted the printing house to illegally print the copyrighted literary works of others, which was later seized by the police, and a total of 103 kinds of publications were seized at the scene, 167156 volumes of 103 kinds of publications, of which 93 kinds of 165156 were illegal publications, involving 158556 books that infringed copyright. After the court's trial, the man was sentenced to four years in prison and fined RMB 300,000 for copyright infringement, and the infringing publications seized in the case were confiscated.
Links to legal provisions
Article 217 of the Criminal Law of the People's Republic of China Whoever, for the purpose of making profits, infringes copyright or copyright-related rights in any of the following circumstances, and the amount of unlawful gains is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and/or a fine; Where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given:
(1) Without the permission of the copyright owner, reproducing, distributing, or disseminating to the public through information networks their written works, music, fine arts, audiovisual works, computer software, and other works provided for by laws and administrative regulations;
(2) Publishing books in which others enjoy exclusive publishing rights;
(3) Without the permission of the producer of the audio or video recording, reproducing, distributing, or disseminating to the public through information networks;
(4) Without the performer's permission, reproducing and distributing audio or video recordings of their performance, or disseminating their performance to the public through information networks;
(5) Producing or selling works of art that counterfeit the signatures of others;
(6) Without the permission of the copyright owner or copyright-related rights holder, intentionally avoiding or undermining the technical measures taken by the rights holder to protect copyright or copyright-related rights for their works, audio or video recordings, and so forth.
Article 52 of the Copyright Law of the People's Republic of China Where any of the following infringements is committed, civil liabilities such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses shall be borne according to the circumstances:
(1) Publishing their works without the permission of the copyright owner;
(2) Without the permission of the co-authors, publishing a work created in collaboration with others as a work created by oneself alone;
(3) Signing the works of others without participating in the creation of works for the purpose of seeking personal fame and fortune;
(4) Distorting or tampering with the works of others;
(5) Plagiarizing the works of others;
(6) Without the permission of the copyright owner, using the work by means of exhibiting or filming the audiovisual work, or using the work by means such as adaptation, translation, or annotation, except as otherwise provided by this Law;
(7) Failing to pay remuneration for the use of another person's work;
(8) Renting out the originals or reproductions of audiovisual works, computer software, or audio or video recordings without the permission of the copyright holders, performers, or producers of audiovisual works, computer software, or audio or video recordings, except as otherwise provided in this Law;
(9) Without the permission of the publisher, using the layout design of the books or periodicals published by the publisher;
(10) Without the performer's permission, live streaming or publicly transmitting their live performance, or recording their performance;
(11) Other acts that infringe on copyrights and copyright-related rights.
With the increase in people's awareness of the law
Many people have also begun to pay attention to and value intellectual property rights
Apply for intellectual property rights for the crystallization of your own wisdom
When our intellectual property rights are infringed
or when it is discovered that the intellectual property rights of others have been infringed
How to do it
04
What to do if your intellectual property rights are infringed
- They may report to the competent department for intellectual property rights and apply for administrative investigation and punishment of intellectual property infringement.
- The news media can be contacted to expose the infringement.
- You can collect evidence in a timely manner, consult a lawyer, or even choose to report to the police or file a lawsuit.
I would like to remind you here
Don't be greedy for cheap prices
Purchase all kinds of counterfeit and shoddy infringing goods
We want to support the genuine
Do not give criminals room to make illegal profits
Take practical actions to maintain the order of the intellectual property market
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