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Industrial Property Rights of Intellectual Property in China



Industrial Property Rights of Intellectual Property in China

Trademark rights

It is a exclusive right that granted by trademark authority. The trademark is used to distinguish the goods and services of different commercial sources, consisting of text, graphics, letters, numerals, three-dimensional symbols, color combinations and sounds, and it is also a combination of the above elements. 
The trademark right of China must carry out the procedure of trademark registration, and apply the principle of first. The trademark is one kind of identification mark in the industrial activity, so the function of the trademark right mainly lies in maintaining the order of the industrial activity, and the function of the patent right mainly lies in promoting the development of the industry.

Patent protection
It refers to an invention patent application filed to the State Patent Office, upon examination after passing the law, to grant the patent applicant within the prescribed time of the invention enjoys exclusive rights. According to China invention patent law, there are three types of invention, utility model and design.
After granting of the patent right of invention and utility model patent, the patentee has the exclusive right of the inventions, without the permission of patentee any unit or individual can’t exploit the patent, that is not for production or business purposes, offering for sale, sale and import of the patented product.
When design patent is granted, any unit or individual without permission of the patentee, do not implement the patent, which shall not be manufactured, sold or imported the patented product for the purpose of production and operation.

Right to firm name
The manufacturer's name right is that the registered trade name (trade name, enterprise name) a right to use without prejudice to the others. The enterprise name right is not equal to the personal right of name (a kind of personality).
In addition, such as the origin of name, proprietary technology, anti unfair competition provisions in Paris convention, but not the appellations of intellectual achievements, proprietary technology and unfair competition only can be protected by the anti unfair competition law, intellectual property rights are generally not be included.

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