1. Trademark rights.
Trademark rights refer to the exclusive rights granted by the trademark authority to the trademark owner to protect the trademark application under national laws. Trademarks are commercial signs used to distinguish the different sources of goods and services. They are composed of words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as combinations of the above elements. The acquisition of trademark rights in China must comply with the trademark registration procedure, and the principle of first-come-first-served is implemented. Trademarks are a kind of identification mark in industrial activities, so the role of trademark rights is mainly to maintain the order in industrial activities, which is different from the role of patent rights, which is mainly to promote the development of the industry.
2. Patent rights.
Patent rights refer to the exclusive rights that an individual or organization applies for a patent application to the State Patent Office for an invention or creation, and after passing the examination in accordance with the law, the patent applicant is granted to enjoy the invention or creation within a specified time. According to my country’s “Patent Law”, there are three main types of patents: invention, utility model and design. After invention and utility model patents are granted, the patentee has exclusive rights to the patent creation. No unit or individual may implement the patent without the permission of the patentee, that is, they may not manufacture, use, promise to sell, sell or import the patented product for production and operation purposes. After the design patent is granted, no unit or individual may implement the patent without the permission of the patentee, that is, they may not manufacture, sell or import the patented product for production and operation purposes. Without the permission of the patentee, the implementation of the patent is an infringement of the patent right. If a dispute arises, it shall be resolved through negotiation by the parties; if the parties are unwilling to negotiate or fail to reach an agreement, the patentee or interested party may sue the people’s court or request the department in charge of patent work to handle it. Of course, there are exceptions to non-infringement, such as prior use rights and the use of relevant patents exclusively for scientific research and experiments. Patent protection adopts the protection mode of “two paths, parallel operation and judicial guarantee” of judicial and administrative law enforcement. The administrative protection in this region adopts the patent law enforcement form of circuit law enforcement and joint law enforcement, concentrates its strength, and focuses on increasing the crackdown on phenomena that seriously disrupt the patent legal environment, such as group infringement and repeated infringement.