国际商法英文版课件韩永红 ISBN9787566301918 PPTLecture 9.ppt

Chapter 9 International Transfer of Intellectual property I. Fundamentals of Intellectual Property What is Intellectual Property? Intellectual property refers to creation of the human mind, and in essence, useful information or knowledge including inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. Types of Intellectual Property Intellectual property is traditionally divided into “industrial property” and “copyright” Industrial Property – Patents, Trademarks, Industrial Designs, Geographical Indications Copyright - Copyright, Rights Related to Copyright, Collective Management of Copyright I. Fundamentals of Intellectual Property Four main types of Intellectual Property Patents Trademarks Copyrights Trade Secrets I. Fundamentals of Intellectual Property Copyrights belong to the authors of any work that can be fixed in a tangible medium for the purpose of communication, such as literary, dramatic, musical or artistic works; sound recordings; films; radio and television broadcasts; and computer programs. 1. Definition of “work” under Copyright Law of the People’s Republic of China 2. Unlike patents or trademarks, copyright arises automatically upon the creation of work, and there is no registration process. I. Fundamentals of Intellectual Property 3. Theoretically a copyright is classified into pecuniary rights and moral rights. pecuniary rights allow an author to exploit a work for economic gain. In particular, this includes the right to reproduce the work, the right to distribute the work, and (depending on the nature of the work) the right of public performance. “moral right” is an authors personal rights to keep others from tampering with his works. I. Fundamentals of Intellectual Property Three basic moral rights are: (1) the right to object to distortion, mutilation or modification, (2) the right to be recognized as the author, and (3) the right to control public access to the