Concept scope of Guangdong Intellectual Property Office

Civil rights include property ownership, creditor's rights, intellectual property rights and personal rights. Intellectual property is one of the four civil rights that are different from traditional property ownership. Intellectual property rights refer to people's rights to intellectual creation and industrial and commercial signs according to law, including copyright, patent right, trademark right and trade secret right, new plant variety right, integrated circuit layout design right, geographical indication right and other intellectual property rights.

Intellectual property, as a civil right legally recognized by the owner of intellectual products, has the following characteristics:

1. The object of rights is an intangible property. The object of intellectual property is not tangible, but abstract things such as knowledge and information.

2. Rights are regional. The regionality of intellectual property rights means that intellectual property rights recognized and protected according to the laws of a country can only have legal effect in that country, but not have extraterritorial effect. To obtain the extraterritorial effect of intellectual property rights, we only need to rely on international conventions or bilateral agreements on copyright; Patent rights and trademark rights must be confirmed by administrative organs of other countries before they have legal effect.

3. Rights are temporary. Intellectual property rights have a certain period of validity and cannot be valid forever. Intellectual property rights are protected within the validity period stipulated by law. After the statutory time limit, the relevant intellectual achievements will no longer be protected objects, but become the common wealth of society for people to use freely. The first thing to be solved here is what types of rights intellectual property contains and how to define the scope of protected intellectual achievements. The second is the basis for determining the scope of protection.

Intellectual property rights in a broad sense, in terms of right types, include intellectual property rights such as copyright, patent right and trademark right; From the perspective of protected objects, it is knowledge products and information products such as works, inventions, trademarks, undisclosed information, new plant varieties and integrated circuits. In a narrow sense, intellectual property rights refer to traditional intellectual property rights consisting of copyright (including neighboring rights), patent rights and trademark rights, and the objects involved are works, inventions and trademarks.

The definition of intellectual property in a broad sense is usually based on international conventions, one is the convention of the World Intellectual Property Organization, and the other is the WTO intellectual property agreement. At present, we should pay special attention to the agreement on intellectual property rights of WTO, which is completely consistent with the intellectual property rights protected by the agreement. (1) Cancellation and adjustment responsibilities.

1. The cancelled and adjusted administrative examination and approval items have been announced by the provincial people's government.

2. Submit the daily work of patent contract filing, appraisal registration and patent statistics to relevant institutions.

3. The publicity, education and training of intellectual property rights, consultation, technical judgment and expert opinions related to patent cases will be gradually handed over to relevant institutions and social organizations.

(2) Assigned and increased responsibilities.

1. Transfer the intellectual property-related responsibilities of the former Office of the Leading Group for Rectifying and Standardizing the Market Economic Order (Provincial Intellectual Property Protection Reporting and Complaint Service Center) to the Provincial Intellectual Property Office.

2. Increase the responsibility of overall planning, coordinating and guiding the implementation of intellectual property strategy and promoting high-level intellectual property strategic cooperation.

3. Increase the responsibility of taking the lead in establishing a special review system for intellectual property rights in major economic activities.

4. Increase the responsibility of organizing the establishment of intellectual property early warning, foreign-related response, rights protection assistance mechanism and promoting the establishment of intellectual property statistics and evaluation system.

(3) strengthen responsibility.

1. Strengthen the responsibility of organizing and coordinating the creation, application, protection and management system construction of intellectual property rights.

2. Strengthen patent administrative law enforcement and market supervision and management responsibilities.