What is intellectual property?
It is the exclusive right enjoyed by civil subjects in accordance with the law over their creative intellectual work results, commercial marks and other information with commercial value.
What intellectual property rights are protected in my country?
Civil Code Chapter 5 Civil Rights Article 123
Civil subjects enjoy intellectual property rights according to law
Intellectual property rights are exclusive rights enjoyed by obligees in accordance with the law regarding the following objects:
(1) Works
(2) Inventions, utility models, and designs
(3) Trademark
(4) Geographical indications
(5) Trade secrets
(6) Integrated circuit layout design
(7) New plant varieties
(8) Other objects stipulated by law
What are the characteristics of intellectual property? How to understand the meaning of each characteristic?
(1) It is a civil right
ØGenerate, exercise and protect the basic principles and systems of civil law
(2) Mainly an intangible property right
ØThe object is immaterial
ØPossession without tangible control occurs
ØNo consumption or transfer of relevant tangible objects will occur
ØThe subject matter is separately available
ØIt is difficult to determine infringement
(3) Having dual attributes of property rights and personal rights
(4) Must be directly confirmed by law
ØSpecific legal procedures
(5) Exclusiveness
ØProprietary rights
lExclusiveness comes from legal provisions
l During the validity period of the right, the right holder’s monopoly rights are strictly protected by law.
l Rights have a certain degree of relativity and are subject to restrictions on capabilities
ØExclusivity of rights
lTwo or more intellectual property rights of the same attribute are not allowed to exist for the same intellectual achievement.
ØProprietaryness distinguishes specific knowledge products from knowledge products in the public domain
(6) Regionality
ØThere is no extraterritorial effect, and the intellectual property rights protection of each country is independent of each other.
lEffectiveness is limited to the region where it arises in accordance with the law
ØDifferent from the principle of equal rights in foreign-related property pursued internationally (protected through the presumption of rights)
(7) Temporality
Legally protected within the validity period
When the statutory period expires, property rights are extinguished
ØIntellectual products enter the public domain and anyone can use them freely and free of charge
ØPersonal rights in copyright are still protected by law
Based on the principle of balance of interests, coordinate personal interests and social interests
What does broad intellectual property include?
industrial property
Right against unfair competition
Right to mark the source of goods
What does intellectual property rights in the narrow sense include?
industrial property
right to creative achievements
Utility model patent rights
Right of identification mark
Right to mark the source of goods
Appellation of origin right
Right to Suppress Unfair Competition
copyright
Right of disseminator of works
What are the main contents of intellectual property law?
What does my country’s intellectual property law system include?
power level
Basic laws (provided for in the Civil Code)
Intellectual property laws and regulations in specialized intellectual property laws and other laws and regulations
Intellectual property administrative regulations and departmental rules
Intellectual property local laws and regulations
International treaties and conventions on intellectual property signed and acceded to by our country
main legislation
Regulations on the Protection of New Plant Varieties
Integrated Circuit Layout Design Protection Regulations
Anti-unfair competition law
Customs Intellectual Property Protection Regulations
How is the amount of compensation for intellectual property infringement determined?
Mainly compensatory damages, supplemented by punitive damages
Statutory compensation amount: up to 5 million, with different lower limits
punitive damages
If someone intentionally infringes on the intellectual property rights of others and the circumstances are serious, the infringed party has the right to request
Corresponding punitive damages (Article 1185 of the Civil Code)
Ø "Trademark Law", "Patent Law", "Copyright Law", "Anti-Unfair Competition Law" (only for trade secret protection) punitive damages: 1-5 times
What are the applicable conditions for punitive damages for infringement of property rights? How are they applied?
If the intellectual property rights of others are intentionally infringed and the circumstances are serious, the infringed party has the right to request corresponding punitive damages.
In the following circumstances, the people's court may preliminarily determine that the defendant has the intention to infringe intellectual property rights:
Ø (1) The defendant continues to commit infringement after being notified or warned by the plaintiff or interested party;
Ø (2) The defendant or its legal representative or manager is the legal representative, manager or actual controller of the plaintiff or interested party;
Ø (3) The defendant has labor, labor, cooperation, licensing, distribution, agency, representative, etc. relationships with the plaintiff or interested parties, and has had contact with the infringed intellectual property rights;
Ø (4) The defendant has business dealings with the plaintiff or interested parties or has negotiated to reach a contract, etc., and has had contact with the infringed intellectual property rights;
Ø (5) The defendant committed piracy and counterfeiting of registered trademarks;
Ø (6) Other circumstances that can be determined as intentional.
If the defendant has the following circumstances, the people's court may determine the circumstances to be serious:
Ø (1) After being administratively punished or held responsible by a court for infringement, the same or similar infringement is committed again;
Ø (2) Making a career out of infringing on intellectual property rights;
Ø (3) Forging, destroying or concealing infringement evidence;
Ø (4) Refusing to perform the preservation ruling;
Ø (5) Profits from the infringement or huge losses to the rights holder;
Ø (6) The infringement may endanger national security, public interests or personal health;
Ø (7) Other circumstances that can be considered serious.
How are the geographical jurisdiction and level jurisdiction of intellectual property cases defined?
General provisions
Civil Procedure Law (2021 Amendment)
ØArticle 29: Litigation filed due to infringement shall be under the jurisdiction of the People's Court.
Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law (2022 Amendment)
ØArticle 24: The place of infringement specified in Article 29 of the Civil Procedure Law includes the place where the infringement is committed and the place where the result of the infringement occurs.
ØArticle 25: The place where information network infringement is committed includes the location of computers and other information equipment that commits the alleged infringement, and the place where the infringement results occur includes the domicile of the infringed person.
Three Judicial Interpretations of the Supreme People's Court on the Trial of Patent Disputes, Trademark and Copyright Disputes
ØInfringement of patent rights: People’s Court of the place where the infringement occurred or where the defendant is domiciled
ØDue to infringement of the exclusive right to register a trademark: the place where the infringement is committed, the place where the infringing goods are stored or seized, and the court where the defendant is domiciled
ØDue to copyright infringement: the place where the infringement is committed, the place where the infringing copies are stored or seized, and the court where the defendant is domiciled
Several provisions of the Supreme Law
Invention patents, utility model patents, new plant varieties, integrated circuit layout designs, technical secrets, computer software ownership, infringement disputes and monopoly disputes
Ø Intellectual Property Court
Ø The intermediate court where the provincial people’s government is located
Ø Intermediate courts determined by the Supreme People’s Court
Design patent ownership, infringement disputes and identification of well-known trademarks
Ø Intellectual property courts and intermediate courts have jurisdiction
Other intellectual property cases
Ø If the amount of the subject matter of the lawsuit exceeds the amount determined by the Supreme People's Court, and if it involves administrative actions by departments of the State Council, local people's governments at or above the county level, or customs, the intermediate court shall have jurisdiction
Ø Other cases shall be under the jurisdiction of the grassroots courts determined by the Supreme People’s Court
How many intellectual property rights courts are there in my country? What is the scope of cases under their jurisdiction?
Guangzhou Intellectual Property Court
Beijing Intellectual Property Court
Hainan Free Trade Port Intellectual Property Court
What are the reform measures for the trial of intellectual property cases?
“Three-in-one” reform and cross-regional jurisdiction
The "three-in-one" trial of intellectual property civil, administrative and criminal cases refers to the unified trial of intellectual property civil, administrative and criminal cases by the intellectual property tribunal.
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