1. Law of Intellectual Property Rights
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2. 1. What is intellectual property
I An Overview
1. What is intellectual property
Intellectual property, is a legal concept referring to creations of the mind.
1) Industrial property
Patent
Trademark
2) Copyright
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3. 2. Characteristics of intellectual property rights
Exclusive, regional and having a time limitation
The exclusivity of intellectual property right refers to that the owner of an intellectual property shall have the right to prevent all third parties, without having the owner’s consent, from using the property in course of trade.
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4. The regionality of intellectual property right means that when an owner is granted a protection of an intellectual property in one country, he shall not automatically obtain a protection of the intellectual property m another country, unless the two countries have concluded an international convention or agreement to that effect.
The time limitation of intellectual property right refers to that the protection by law of the intellectual property is not timeless and shall be ended after ‘a fixed period.
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5. II Chinese Intellectual Property Laws
1. Patent law
This law is enacted to protect patent rights for inventions-creations. According to this law, “inventions-creations” are defined as inventions, utility models and exterior designs. The duration of patent right for inventions shall be 20 years, the duration of patent nght for utility models and patent right for exteriors designs shall be 10 years, counted from the date of filing the application.
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6. 2. Trademark law
This law is enacted for the purposes of improving the administration of trademarks, protecting the right to exclusive use of trademarks and encouraging producers and operators to guarantee the quality of eir goods and services and maintain the reputation of their trademarks, so as to protect the interests of consumers, producers and operators, and to promote the development of the socialist market economy.
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7. 3. Copyright law
This law aims to protect the copyright of authors in their literary, artistic and scientific works and rights and interests related to copyright.
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