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Property Law Assignment Help

Introduction

The Chinese intellectual property law has seen a lot of development in the recent years and China has taken major steps in providing intellectual property protection in the recent decades but it still has a long way to go. China opened its door in the year 1979 when the economic development became the main focus of the country, so there was an increase in the requirement of the protection of the intellectual property rights. There were no specific intellectual property laws in china but with the need of time, there was work on the development of the intellectual property laws, the intellectual property system at present is a triple intellectual system which compromises the national two-tier legislative guidance, the administrative control and the judicial enforcement of intellectual property. In this law, both the ministerial and the provincial government can introduce legislations and the regulations.

The intellectual property mechanism is a body of IP laws and rules and this includes the patent law, trademark law, copyright law and unfair competition law.

Patent law: Patents mean the exclusive rights which are provided to the inventor or the creators of the technological solutions that relate to a product or a process and this right is given for a period of 20 years[1].The patent law protects the three rights which are patents, utility models, and industrial designs.

 There is another right which is given to the inventor which is known as the utility models rights this is given for 10 years for minor technical solutions[2].

Industrial designs rights are provided for novel configurations, shapes, patterns, and colors that have artistic features which would be used for industrial applications.

The Trademark law gives protection for a period of ten years from the date of the renewal for the protection of the trademarks which can be a picture, a sign, some words or name.

Copyright law protects the rights of the author’s right in the literary, artistic and scientific works which also includes the neighboring rights and moral rights, this is the longest term of protection which is given till the author’s lifetime and fifty years after his death[3].

These different forms of the intellectual property are protected by the different organizations, which are the State Council State Intellectual Property Organisation (SIPO), TRADEMARK OFFICE and the State Copyright Administration (SCA). These organizations have many responsibilities like to do the examination and approval of the IPR, to interpret the IP laws, to supervise the activities of the IP and to do the settlement of the IP disputes[4].

[1] Deli Yang, “The Development of the Intellectual Property in China” (working paper No 02/24, Bradford University School of Management, 2002)1-21.

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