Intellectual Property - categories
There are several varieties of intellectual property division of the broad and narrow sense, two kinds of standards, international law and domestic law is the basis for division. A broad intellectual property rights, may include all human intellectual and creative achievements that delineated the scope of WIPO, but the content of protection is established by domestic law.
1. According to the classification of international law, Broad categories of intellectual property that is classified under international law, mainly under the WIPO "the establishment of the WIPO Convention" and "Trade-Related Intellectual Property Rights Agreement." According to "the establishment of the WIPO Convention," Article 2, paragraph 8, provides that intellectual property can be divided into the following eight categories:
1) With regard to literary, artistic and scientific works right.
2) performances on the performing artists, recording and broadcasting rights.
3) With regard to the people in all fields of invention rights.
4)With regard to the rights of scientific discovery.
5)With regard to industrial design rights.
6) on trademarks, service marks, trade names and mark the right.
7) on the suppression of unfair competition rights.
8) in the industrial, scientific, literary and artistic fields from all other intellectual activities.
The discovery itself can not be directly applied in the industrial and agricultural production, that does not have the property of nature, many countries do not use it as an object of intellectual property rights, but the relationship between the object of civil rights, recognition and protection of the personal rights of its discoverer, the material and spiritual rewards and access to the right To date, all the world's countries and the treaty does not recognize the objects of knowledge of scientific discovery status.
In the "Agreement on Trade-Related Intellectual Property Rights," the second part, set out on the effectiveness of intellectual property rights, scope and protection standards and include:
1)copyright. Copyright protection shall extend to expressions and not extend to ideas, procedures, methods of operation or mathematical concepts as such. Whether in source code or object code of computer programs shall be as the text of the Berne Convention in 1971 within the meaning of literary works protection. Compilation of data or other materials, whether in machine-readable or other form, as long as the selection or arrangement of their contents constitute intellectual creations shall be protected. And does not extend to the protection of data or material itself, shall not prejudice the data or material has been copyright. Performers, producers of phonograms and broadcasting organizations enjoy the protection of neighboring rights.
2) trademark. Anything that can be an enterprise's goods or services with other enterprises to distinguish the goods or services marks or marking combinations, should be capable of constituting a trademark. Such signs, in particular words (including personal names), letters, numerals, figurative elements and combinations of colors, as well as any combination of the above, should be able to be registered as trademarks. Where signs are not inherently capable of distinguishing the relevant goods or services, members can also be based on their identification through the use of, confirm whether registration. Members may request the "signs be visually perceptible" as the criteria for registration. The "signs be visually perceptible" is comprised of three-dimensional trademarks, but excludes the olfactory recognition of "scent mark", auditory recognition of "sound trademark."
3) geographical indications. Geographical indication means the following signs: its marking out of certain products from certain members of the land area, or from the area in a region or a place, where a given quality, reputation or other characteristic essentially attributable to its geographical origin Union.
4) industrial designs. Pairs of independently created, with new or original industrial designs, Members shall provide protection. Members may provide that: non-novel or original design of a known design or combination of known design features compared with no significant difference. Members may provide that: the design of the protection shall not extend essentially by technical or functional considerations constitute a design.
5) patents. Subject to Trips27 article 3, paragraph 2, under the premise of all fields of technology, any inventions, whether products or methods of the invention invention, as long as it is novel, with creative and can be put into industrial application under this section of the "creative" and "can put to industrial application ", with some members of the use of" non-obviousness, "" practicality, "the Department of synonymous. Should be possible to obtain the patent. In line with Article 65, paragraph 4, Article 70, paragraph 8 and paragraph 3 of the premise, access to patents and patent right shall not be the place of invention, field of technology and whether products are imported or locally produced discrimination as different.
6) integrated circuits layout-designs (topographies). In accordance with "IPIC Treaty" 2 ~ 7 (of which Article 6, paragraph 3, except for), 12 and 16, paragraph 3, for integrated circuit layout-design (ie, topology map, hereinafter referred to as "cloth Chart design ") to provide protection; in line with Article 37, paragraph 1, under the premise of the members should be without the right holder in this section," rights holders "in a phrase should be interpreted as meaning" IPIC Treaty "in "rights holders" the same. Permits who are engaged in the following activities as illegal: for commercial purposes, importing, selling or otherwise distributing the protected layout-design; for commercial purposes, importing, selling or otherwise distributing the protected layout-designs of integrated circuits; for commercial purposes, imports, sells or otherwise incorporating such an integrated circuit items (only it continues to contain an unlawfully reproduced layout-design limit).
7) undisclosed information. In ensuring the Paris Convention in 1967 in accordance with Article 10 of the text of the two provisions to provide effective protection against unfair competition in the process of members should be in accordance with Trips Article 39, paragraph 2, protection of undisclosed information; in accordance with paragraph 3, to protect to the government or government agency to submit data. As long as the information meets the following three conditions: first, in a certain sense, it belongs to a secret, that is, the information content as a whole or as one of the exact combination of the information is not usually engaged in related areas of work generally known or readily available; second, because it is secret and has commercial value; third, the person lawfully in control of the information for confidentiality have been reasonable under the circumstances to take measures; natural and legal persons shall have the potential to prevent others from making unauthorized in the manner contrary to honest business practices "to the manner contrary to honest business practices" and should include at least such as breach of contract, disclosure and inducing others to acts of disclosure should also include a third party to obtain the information is not disclosed behavior. (Regardless of whether the third party knew or because of gross negligence and did not know access to information would constitute a breach of honest business practices.), Disclosure, access to or use of lawfully under its control that information. When the members requested to be submitted to undisclosed test data or other data, as the approval of new chemical composition of pharmaceutical or of agricultural chemical products to market conditions, if the data origination of which involves a considerable effort, then the members should be protected such data against unfair commercial use. At the same time, unless the need for the protection of the public or unless steps are taken to ensure that the data are protected against unfair commercial use, Members shall protect such data against disclosure.
8) license agreement to limit competitive behavior control. And intellectual property related to certain anti-competitive licensing practices or conditions that could have a negative impact on trade and may impede the transfer of technology and dissemination. Provisions of this Agreement, should not prevent members of their domestic legislation to specify a particular occasion may constitute abuse of intellectual property rights in order to compete in the relevant market have a negative impact on the licensing practices or conditions stipulated above, members may be with the other provisions of this Agreement consistent with the premise, taking into account the member's relevant laws and regulations, to take appropriate measures to prevent or control such activities. Such activities include, for example exclusive conditions, from the prohibition on challenges to the effectiveness of intellectual property conditions or coercive package licensing.
Intellectual Property - Introduction===>
