Intellectual property rights law learning experience

Part 1: The experience of learning about the intellectual property law

In order to further improve the intellectual property rights of Chinese small teachers, the county's Chinese teachers' intellectual property rights training class was held at the Huayuan Teacher Training School. Teachers from all township schools in the county participated in the training. I have the following experience for this training:

We know that a good learning attitude is very important for achieving good grades. If you just take a diploma to cope with the exam, then it will be very boring to learn, and for things you are interested in, learning will be an easy task. Happy things. I am more familiar with the civil legal relationship. When I study the Intellectual Property Law, I compare it with the General Principles of Civil Law and find that there are quite a few similar places. Although the object of intellectual property rights is intangible, there is no essential difference in the relationship between his property relations and ordinary property. Infringement of copyright: publishing, using the work without the consent of the copyright owner; plagiarizing, copying other people's work; signing on the work of others while participating in the creation; using the work of others without paying; without the permission of the co-author, will be with others Cooperatively created works are published as works of their own creation; publishing works that others have exclusive copyright; copying and distributing audio and video recordings produced by others without permission; distorting and tampering with other works; live broadcast without permission from performers Performing; producing and selling art works that are counterfeited by others. Reasonable use of copyright The following acts are fair use rights of copyright and may not be paid without the permission of the copyright owner: for personal study, research or appreciation; for reporting factual news; for school classroom teaching or scientific research; Execute official duties and use works that have already been published by others; for the purpose of introducing, commenting on a work or explaining a certain problem and citing a small number of other works; newspapers, periodicals, radio stations, television stations publishing or broadcasting other newspapers, journals published editorials, commentators article. The following graphics and characters shall not be used as trademarks: the same as or similar to the name of the People's Republic of China, the national flag, the national emblem, the military flag, and the medal; the same or similar to the name of the foreign country, the national flag, the national emblem, and the international organization of the government Flags, emblems, names are the same or similar; with the "Red Cross", "Red Crescent" signs, the same or similar names. The generic name and graphics of the goods; directly indicating the quality of the goods, the main raw materials, functions, uses, weight, quantity and other characteristics; with ethnic discrimination; exaggerated propaganda and deceptive; harmful to socialist morality or There are other adverse effects; the geographical names of administrative divisions above the county level or the foreign names known to the public, except where the geographical names have other meanings; the registered trademarks using the geographical names continue to be valid. The content of the trademark right, the trademark registration applies the principle of first application, that is, regardless of whether the actual use is prior or not, the exclusive use right of the trademark is only granted to the first applicant; if two or more applicants apply at the same time, it is applicable first. The principle is to grant the first user the infringement of the trademark right: the use of the same or similar trademark on the same or similar goods without the permission of the registered trademark owner; the sale is known to be a counterfeit registered trademark. The act of falsification; the act of arbitrarily creating a registered trademark mark or selling forgery, and the unauthorized manufacture of a trademark mark; the act of giving other persons a registered trademark exclusive right to cause other damage.

Recently, there have been more and more time to learn intellectual property rights than before. Not only reading books, but also browsing websites; not only looking at Chinese, but also reading English; not only communicating with Chinese classmates and colleagues, but also frequently interacting with a few friends studying abroad. After so long and multi-channel learning, I once again felt that "the more you know, the more ignorant you are." Small intellectual property rights, there are so many things to learn, even the online copyright in copyright seems to be small enough, but there are still countless learnings in it. At this time, I can't help but admire so many great encyclopedias of the past and present—Aristotle, Rousseau, Montesquieu, and so on. At the same time, I feel that I am very small. When I feel that I am powerless, a new continent appears in front of me - Pangu Wisdom Property Rights Network Sina and other portals have all aspects of our lives, so it is the gateway; and in the intellectual property rights, we have our own portal - Pangu intellectual property rights network, which includes a series of knowledge of intellectual property rights. We have to say that this is a vast project, and we have to admire people who have this idea and put it into practice. Today, with the increasingly fierce competition in the knowledge economy, the portal of intellectual property rights can be said to be the gateway in the portal. I hope it will thrive and become a giant of intellectual property rights in the country and the world!

Because I am not a legal person, but some cases learned through intellectual property rights training have some personal experience, I am to give some of my views and some thoughts. First of all, I think that it should be included in the protection of intellectual property rights of the Internet or the intellectual property rights of the company. One is the preservation of evidence, which is very important, especially related to the Internet. China's Internet law should now say that it is not so complete, and foreign Internet laws are relatively complete. For example, to post a post, you must be fair and fully prepared. The second is to hire a professional intellectual property lawyer to be responsible, professional lawyers are very important, professional people do professional things, it should be said that it can do more with less. The third should seek the Internet, because the infringement of the intellectual property rights of the Internet may involve more trials on the Internet, and may not be a matter of factual trial. Netizens are also proposing their own trials. The power of public opinion and netizens is very large. They play a big role, so although they may not be beneficial to the judgment, we still recommend that you use the power of the Internet to seek the net. With the support of the opinion leaders, they are more important in their speeches, and they are helpful in jurisprudence and entertainment. In the middle of the legal proof process, we must have sufficient evidence. The law may have some in it. Because our Chinese social relationship is inside, we cannot avoid some ambiguous things, but in law. We can't make any retreats and concessions, including the provision of evidence, so we must master this. The fifth and final point is that if there is an unfavorable judgment, we must insist on protest or second instance, and we must resolutely overthrow it, because the unfavorable judgment will have a great impact on the operation of your future company, including the personal reputation. influences. After getting a favorable judgment, we must resolutely resolve quickly. China is now facing this implementation problem. It is also facing a dilemma. Now, we still have a process. There is still a process in the middle of the legalization process, so they will come up with a lot of ideas. The way to let you do not, so the quick fix is ​​the best way to find the person in charge of your litigation, the supervisor gives them the best pressure. This is not mature, but we think it is more practical.

For intellectual property rights, I used to watch and listen to it in TV, radio, and newspapers. I feel that I am far away from us. However, after training through intellectual property rights, I feel that intellectual property rights are closely related to each of our lives. Knowing it, learning it, I find it more and more important. I used to use other people's things to be justified. I thought that changing my name would become my own work. Now I know that it is infringement. I bought a CD in the electronic market. Now I know that it is pirated. And know that if someone is held accountable, they will be legally responsible.

In short, through the training of this training class, the ability and teaching level of the intellectual property rights education teachers in our county have been effectively improved, and the knowledge of intellectual property rights has been better popularized in China, and the educational resources of the intellectual property rights of the county have been strengthened, and the wisdom has been accelerated. The construction of the talent system of the property rights system is of great significance.


Chapter 2: My Understanding of the Protection of Intellectual Property Rights

Speech at the High-Level Seminar on "Innovative Country and Intellectual Property Protection" in China Internet Lab

We have a China Internet Watch Network that is also concerned about the intellectual property rights of this network. We are all citizens of the Internet as our service targets. The first is definitely ordinary netizens. We are the most vulnerable ordinary people. User service. The second is for celebrity netizens, and of course we will also serve the management of websites, internet cafes and websites. However, we may pay more attention to the weak one. Of course, today we are involved in the case of Foxconn. I think there is indeed a lot of room for creation. We actually have several cases involving our network.

Because I am not a legal person, but by doing a few cases with some personal experience, we know that we are giving some of our views and some thoughts. First of all, we think that it should be included in the protection of intellectual property rights of the Internet, or the intellectual property rights of the company. One is the preservation of evidence. It is very important, especially when it comes to the Internet. The Internet law should now say that it is not so complete. The external Internet laws are relatively complete. We have seen many cases recently reported, involving very detailed details. The infringement of our network is going to disappear immediately, so the protection of this evidence is very important. For example, to post a post, you must be fair and fully prepared.

The second is to hire a professional intellectual property lawyer to be responsible, professional lawyers are very important, professional people do professional things, it should be said that it can do more with less.

The third should seek the Internet, because the infringement of the intellectual property rights of the Internet may involve more trials on the Internet, and may not be a matter of factual trial. Netizens are also proposing their own trials. We have seen that Katie has been continuously reporting cases, including the case of Guoxue Hot Girl and Zhang Xingshui, who won the first trial victory in Fengtai Court. But we also see that the power of public opinion and netizens is very big. They play a big role, so although the judgment may not be beneficial, we still recommend everyone to use the power of the Internet to seek the opinion of the Internet. Support, we want to gather more than 10,000 opinions here. They are more important in their speeches, and they are helpful in jurisprudence and entertainment.

In the middle of the legal proof process, we must have sufficient evidence. The law may have some in it. Because our Chinese social relationship is inside, we cannot avoid some ambiguous things, but in law. We can't make any retreats and concessions, including the provision of evidence, so we must master this.

The fifth and final point is that if there is an unfavorable judgment, we must insist on protest or second instance, and we must resolutely overthrow it, because the unfavorable judgment will have a great impact on the operation of your future company, including the personal reputation. influences. After getting a favorable judgment, we must resolutely resolve quickly. This is China’s current implementation problem. It is also facing a dilemma. Now, we still have a process. There is still a process in the middle of the legalization process, so they will think. There are a lot of ways to make it impossible for you to perform, so the quick fix is ​​the best. Find the person you are the subject of, and the supervisor will put the best pressure on them. This is not mature, but we think it is more practical.

Finally, I want to talk about the intellectual property rights of innovative countries. Teacher Dawn is my teacher. He put forward some ideas on innovative thinking. We think it might be to use positive and negative and use this ternary logic. To some effect, he is also considering how to make the Chinese smart and play a role in thinking. Our encouragement of interest includes the issuance of medals, including the creation of innovative bonuses, but the mechanisms of emotional incentives and innovation are unavoidable.

For intellectual property rights, I used to watch and listen to it in TV, radio, and newspapers. I feel that I am far away from us. I learned it today and I feel that intellectual property rights are closely related to each of our lives. Knowing it, learning it and finding it more and more important.

I used to use other people's things to be justified. I thought that changing my name would become my own work. Now I know that it is infringement. I bought a CD in the electronic market. Now I know that it is pirated. And know that if someone is held accountable, they will be legally responsible.


Pt 3: Learning the Intellectual Property Law

During this semester, we concentrated on the Intellectual Property Law. Through the teacher's explanation and self-study, I have a certain understanding of the relevant knowledge of this subject. The following are some of the experiences I have learned from the Internet University for more than a year, for your reference.

1, pay attention to learning methods, theory and practice, pay attention to understanding

Some concepts in the Intellectual Property Law are relatively abstract. If it is hard to remember, it is obviously important to learn. In real life, there are still more contents about intellectual property rights in television and newspapers. When you look at it, pay attention to your own learning, and entertain and educate. It is much easier to remember on the basis of understanding. For example, I saw a small story in the newspaper: The owner of Coca-Cola Company once said that once Coca-Cola’s factories and goods in the world were all lost to fire, they could use the Coca-Cola trademark as a pledge and lend money the next day. To resume production. Because the "Coca-Cola" trademark was valued at tens of billions of dollars. This reflects the great value that intellectual property rights bring to enterprises, reflects the important position of trademark rights in intellectual property rights, and also allows me to understand the concept, characteristics and classification of intellectual property rights. The Intellectual Property Law is the general term for regulating the legal norms of various social relations arising from knowledge products. It is the product of the modern commodity economy and the development of science and technology. The Intellectual Property Law mainly includes the following basic systems: the main system, the object system, the rights system, the utilization system, the protection system, and the management system. Intellectual property rights are a kind of civil rights. In addition to the common characteristics of civil rights, they also have their own characteristics: Objects are intangible and content has duality: exclusive, regional, and temporal. Intellectual property rights can be divided into two categories: copyright and industrial property rights. Industrial property rights are divided into two categories: patent rights and trademark rights. Especially after China’s accession to the WTO, the legal relationship concerning intellectual property rights will be widely carried out in various fields of our country, and it will be filled with our daily life, just as we are now obeying traffic laws and going to school to abide by the school’s rules and regulations. It is closely related to real life and has important practical significance.

2. Arrange the time reasonably and grasp the learning focus

Because it is on-the-job learning, the time spent on learning is limited, so I think it is very important to arrange the study time reasonably. According to the arrangement of the Internet, each course has at least three months of study time from the receipt of the textbook to the exam. The textbook and courseware are browsed once in the usual free time, and there is a general understanding. Next, carefully do the exercises again. If you don't know the place, go back and read the book. Write down the important knowledge according to the test syllabus, and compare the copyright, patent, and trademark rights to deepen the influence. . For example: 1. The legal protection period of copyright: the protection of personal rights in copyright is not subject to time limit and protection indefinitely; the protection period of property rights: civil works: 50 years after the author's life and death; cooperative works: 50 years after the death of the author who died last; Works or works of unincorporated units: 50 years from the date of first publication. 2. Term of protection of patent rights: Invention: 20 years from the date of application, utility model and design: 10 years from the date of application. The term of protection of trademark rights: The protection period of a registered trademark is 10 years. If it needs to continue to be used after the expiration of the period, it should apply for renewal registration. The validity period of each renewal is 10 years.

Third, correct learning attitude, clear learning objectives

A good learning attitude is very important for achieving good grades. If you just take a diploma to cope with the exam, then it will be very boring to learn, and for things you are interested in, learning will be a light and happy. Things. I am more familiar with the civil legal relationship. When I study the Intellectual Property Law, I compare it with the General Principles of Civil Law and find that there are quite a few similar places. Although the object of intellectual property rights is intangible, there is no essential difference in the relationship between his property relations and ordinary property. Copyright infringement:

Publish and use the work without the consent of the copyright owner;

Plagiarism, copying other people's work;

Signing on the work of others without participating in the creation;

Unpaid work using the work of others;

Publications created in collaboration with others are published as works of their own creation without the permission of the cooperating author;

Publishing works in which others have exclusive copyright;

Copying and distributing audio and video recordings produced by others without permission;

Distorting and tampering with other people's work; live broadcast of their performance without the permission of the performer;

Produce and sell art works that are faked by others.

Reasonable use of copyright

The following acts are acts of fair use of copyright and may not be paid without the permission of the copyright owner:

For personal study, research or appreciation;

In order to report factual news;

For school classroom teaching or scientific research;

State organs use works already published by others in order to perform official duties;

For the sake of introduction, commenting on a work or explaining a problem and citing a few others' works;

Newspapers, periodicals, radio stations, television stations publish or broadcast other newspapers, journals have published editorials, commentator articles. The following graphics and text may not be used as trademarks:

Same or similar to the name of the People's Republic of China, the national flag, the national emblem, the military flag, and the medal;

Same or similar to the national name of the foreign country, the national flag, and the national emblem army flag;

The same or similar name as the flag or emblem of an international organization with an intergovernmental organization;

The same as or similar to the "Red Cross" and "Red Crescent" signs;

The generic name and graphics of this product;

Directly indicate the quality of the goods, the main raw materials, functions, uses, weight, quantity and other characteristics;

With ethnic discrimination;

Exaggerated propaganda and deceptive;

Harmful to socialist morality or other adverse effects;

The geographical names of administrative divisions above the county level or the foreign names known to the public, except where the geographical names have other meanings; the registered trademarks of the geographical names continue to be valid.

Content of trademark rights

Trademark registration

Trademark registration applies the principle of first application, that is, regardless of whether the actual use is prior or not, the exclusive use right of the trademark is only granted to the first applicant; if two or more applicants apply at the same time, the principle of first use is applied, that is, the most First user

Infringement of trademark rights:

Acting on the same or similar goods on the same or similar goods without the permission of the registered trademark owner;

Selling a product that knows to be a counterfeit registered trademark;

Forgery, unauthorized production of a registered trademark mark or sale of a forged or unauthorized trademark mark;

The act of giving other people a registered trademark exclusive right to cause other damage.