Law Degree Program in China - Intellectual Property

1. Introduction

Intellectual Property, also known as "the right of knowledge", refers to "obligee’s property rights to the created intellectual work," generally only in a limited period of time. Various intellectual creations such as inventions, literary and artistic works, and symbols, names, images, and designs used in business can be considered as intellectual property owned by a person or organization.

Intellectual property is the exclusive right of intellectual labor achievements created by human beings in social practice. With the development of science and technology, in order to better protect the interests of property rights, the intellectual property rights system came into being and continues to improve. Nowadays, the infringement of patent right, copyright, trademark rights and other intellectual property rights violations are more and more. Invention patents, trademarks and industrial product design and other aspects of the composition of industrial property rights. Industrial property rights include patents, trademarks, service marks, and manufacturers name, origin name, to stop unfair competition, as well as new varieties of plants and integrated circuit layout design exclusive rights, etc.

Intellectual property is a kind of intangible property right from the nature, the object is intellectual achievement or intellectual product, is a kind of intangible property or a no form of spiritual wealth, is created by creative intellectual labor work. It is with the housing, automobile and other tangible property, is protected by the laws of the state, are of value and use value. Some of the major patents, well-known trademarks or works of value is far higher than the housing, automobile and other tangible property.

Intellectual property program cultivates intellectual property professionals who can engage in law firms, patent office, trademark office and other engaged in trademark, patent agents, special intellectual property affairs, also engaged in specialized intellectual property judicial and other legal affairs in the public, prosecutors, law and other departments, or engaged in intellectual property management of the affairs or in the bureau of copyright, trademark bureau, the patent office, science and technology bureau and other departments.

2. Types

(1) Copyright and industrial property rights: copyright (also known as literary property), industrial property.

(2) Personal rights and property rights: personal rights, property rights

3. Industrial Property Rights

Trademark rights

Patent protection

The right of trade name (the name right of manufacturer)

4. Copyright

Natural science, social sciences, literature, music, drama, painting, sculpture, photography and film photography, etc.. Copyright is the legal provisions of a unit or individual to a Book enjoy printing and publishing and distribution rights, anyone to replication, translation, adaptation and performance and are required to get permission from the copyright owner, otherwise infringing on the rights of others behavior. The essence of intellectual property is to treat human's intellectual achievement as property. Copyright is an original author of literature, art, science and technology, and a kind of civil rights in accordance with the law.

The generalized copyright includes the narrow sense of copyright, neighboring right, copyright of the computer software and so on, which belongs to the scope of the copyright law. This is the exclusive use of the copyright owner of the exclusive right to use. In a narrow sense, it is divided into the right of publication, the right of authorship, the right of revision, the right to complete the work, the right to use and the right to receive remuneration. The copyright is divided into the personal right and the property right of the copyright. Copyright and patent right, trademark right sometimes has cross case, which is a feature of intellectual property rights.

5. Registration System

Copyright implements a voluntary registration, paper whether or not registered, the authors or by other copyright holders made in accordance with the law of copyright is not affected and the implementation of works voluntary registration system is to safeguard legitimate rights and interests of the author or other work in people and users of works, to solve due to copyright ownership of copyright disputes, and to provide preliminary evidence to solve the copyright disputes.

6. Characteristics

Main characteristics of intellectual property rights

1) The intellectual property is a kind of intangible property.

2) It has the characteristics of proprietary intellectual property rights. 

3) The characteristics of intellectual property have time limit.

4) The intellectual property rights have regional characteristics.

5) Most of the intellectual property rights need to obtain the legal procedure, for example, to obtain the trademark rights through registration. 

Monopoly

Regional

Time limit character

Absolute right

Legal limitation

Characteristics of law

7. Roles

1) Provide a legal guarantee to the rights of the intellectual achievements completer, mobilize the people engaged in the enthusiasm and creativity of scientific and technological research and literary works of art creation.

2) The intellectual achievements and the popularization and application of the communication provides legal mechanism, intellectual achievements are transformed into productivity, applied to production and construction, resulting in huge economic benefit and social benefit.

3) Provides the rule of law for international economics, trade and cultural and artistic exchange, promote the development of economy and the progress of human civilization.

4) The legal system of intellectual property rights is as an important part of modern civil law and commercial law, to perfect Chinese legal system, the construction of a country under the rule of law has great significance.

8. Network Infringement

Network tort can be divided into tort website (legal) and users (natural person) infringement according to the main body, according to the subjective fault, tort can be divided into active tort (malicious infringement) and passive infringement, according to infringing content can be as a violation of human rights and violations of property rights (also has violation at the same time).

9. Strategic Levels

1) National intellectual property strategy

2) Regional intellectual property strategy

3) Industry intellectual property strategy

10. Program Requirements

The students mainly study the basic theory and basic knowledge of law, receive basic training in legal thinking and law practice and have the basic ability of using legal theory and methods of analysis and using legal affairs and the management of problem solving.

11. Knowledge and Ability

1) With the basic theory and basic knowledge of various disciplines of intellectual property rights, and both basic theory and basic knowledge of common law; 

2). Master the professional knowledge and professional skills of intellectual property, and have the general analytical methods and techniques of law; 

3). Know the development front of intellectual property rights and the development trend of intellectual property rights;

4). Familiar with the legal system of intellectual property rights and related policy system and common law system and policy;

5). the ability to use intellectual property knowledge to solve and deal with the problem of litigation and management of intellectual property;

6). Master the skills and methods of patent and trademark search, data query, and have the basic method of document retrieval and data query, and can solve the problems of document retrieval and inquiry as soon as possible.

12. Main Courses

Jurisprudence, constitutional law, civil law, criminal law, criminal procedure law, administrative law and administrative litigation law, private international law, international law, copyright law, patent law, trademark law, international conventions on intellectual property and patent literature retrieval, intellectual property damages, synthetic method, the principles of intellectual property law under the network environment, the protection of intellectual property rights, of strategy of enterprise intellectual property rights, anti unfair competition law and intellectual property agency practice.

13. Practice Teaching

Intellectual property protection recognition practice, intellectual property protection survey, intellectual property application simulation experiment, graduation practice, graduation thesis, etc.

14. Employment Prospects

Graduates can respectively engage in intellectual property management agencies, large enterprises, research institutes and other units engaged in the management of intellectual property rights; also in intellectual property intermediary service agencies, law firms or the people's court units engaged in intellectual property work or service trial work; also in research units engaged in intellectual property or related research work.