Yangquan Intellectual Property Lawyer Online Service
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According to Article 42 of the Patent Law of the People's Republic of China, the legal duration of the patent right for invention is 20 years; The duration of the two types of patent rights, utility model and design, is set as ten years, and the patent application date is also taken as the starting point for calculation. #Intellectual property 1105 readings -
The term of protection of computer software works varies according to different subjects: individual works are protected until the author's lifetime plus 50 years after his death, whichever is the last; The legal person's work is first published for 50 years. If it is not published within 50 years, the copyright will be lost. The period is calculated until December 31 of the corresponding anniversary. #Intellectual property 1309 readings -
Businesses counterfeit others' patents by marking false patent numbers, advertising, contract fraud and forging patent documents. To constitute a crime, three conditions should be met: no actual counterfeiting, the authenticity and validity of the counterfeited patent, and intentional act. Any infringement of patent rights, legal persons and individuals will face the legal consequences of civil compensation, administrative fines and criminal accountability. #Intellectual property 1322 readings -
In patent infringement, high-risk operation injury, environmental pollution, building collapse, animal breeding, defective products, joint dangerous acts and other infringement lawsuits, each party shall bear the burden of proof. The manufacturer needs to prove the non patent licensing method, the high-risk operator needs to prove the intention of the victim, the polluter needs to prove that its emissions have nothing to do with the damage, the building owner needs to exclude the fault, the animal keeper needs to prove no fault, the manufacturer needs to provide evidence for the exemption, the dangerous actor needs to prove no direct connection, and the medical institution needs to prove no fault in the medical behavior. Under special circumstances, relevant laws and regulations shall be followed. #Intellectual property 1453 readings
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In the face of trademark infringement disputes, the administrative department for industry and commerce has the right to order the infringement to stop immediately and require the infringer to compensate for economic losses, the amount of which is determined according to the profits during the infringement period or the losses of the injured party. If the act does not constitute a crime but infringes upon the registered trademark right, a fine may be imposed. If dissatisfied with the decision, the party concerned must appeal within 15 days; Otherwise, the department may apply to the court for enforcement. #Intellectual property 874 readings -
In order to protect your company's trademark rights and interests, first determine and register the category of goods or services used by the trademark. After the name is selected, its uniqueness can be confirmed through the official query tool or agency, and it may need to be replaced. Prepare relevant documents and submit them to the Trademark Office for formal (January) and substantive (June July) review. After the form is passed, the trademark is accepted. If the substantive examination is not passed, it will be rejected. The trademark registration will be completed after the announcement of successful preliminary examination (3 months) and no objection. #Intellectual property 1053 readings -
Under specific conditions, China's Civil Code allows non-negotiable bills (such as bills of exchange, promissory notes, cheques, etc.), bonds, deposit receipts, warehouse receipt bills of lading, transferable fund share equity, intellectual property rights (trademark rights, patent rights, copyrights), accounts receivable and other property rights to be pledged as debt guarantees. All these rights and interests, both existing and anticipated, are protected by law. #Intellectual property 1193 readings -
The Chinese Patent Law requires that the patenting of inventions and utility models must meet the three elements of novelty, inventiveness and practicality. Novelty means that the invention does not appear in the public literature and there is no identical application; Creativity emphasizes that invention goes beyond the existing technology, while utility model needs substantial improvement and practical application value. Practicability The investigation of the manufacturability of the invention and the effective solution of practical problems can bring social benefits. #Intellectual property 1404 readings
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