IntellectualProperty

IntellectualProperty
Intellectual Property
Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. In accordance with the Con vention Establishing the World Intellectual Property Organization, intellectual property inclu des literary, artistic and scientific works; performances of performing artists, phonograms, and broadcasts; inventions in all fields of human endeavor; scientific discoveries; industrial designs; trademarks, service marks, and commercial names and designations; protection ag ainst unfair competition; and all other rights resulting from creations of the mind in indust ry, science, literary or arts. Generally, intellectual property is divided into two categories: i ndustrial property and copyright.
Ⅰ。

Industrial Property
Industrial property includes patents, trademarks, industrial designs, and geographic indicatio ns of source.
A patent is a governmental grant of an exclusive right as an incentive and reward for a n ew invention. Any inventions of products or processes in all fields of technology may be granted a patent or patents if they are new, involve an inventive step and are capable of industrial application. In accordance with the Intellectual Law of the People’s Republic of China , there are three forms of patents: patents for invention, patents for practical new p attern, and patents for appearance design.
A trademark is a distinctive sign，which identifies certain goods or services as those prod uced or provided by a specific person or enterprise. Any sign, or any combination of sign s,
capable of distinguishing the goods or services of one undertaking from those of other undertakings, shall be capable of constituting a trademark. Such signs, in particular words including personal names, letters, numerals, figurative elements and combinations of colors as well as any combination of such signs, shall be eligible for registration as trademarks.
An industrial design is the ornamental or aesthetic aspect of an article. The design may c onsist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color.
Geographical indications are indications which identify a good as originating in a territory, or a region or locality in a territory, where a given quality, reputation or other characteri stic of the good is essentially attributable to its geographical origin.
A geographical indicat ion consists of the name of the place of origin of the goods.
Ⅱ。

Copyright
Copyright is a legal term describing rights given to creators for their literary and artistic works. Copyright includes literary and artistic works such as novels, poems and plays, fil ms, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs.
Ⅲ。

WIPO & TRIPS
WIPO (World Intellectual Property Organization), headquartered in Geneva, Switzerland, w as established on July 14, 1967 when the Convention Establishing the World Intellectual P roperty Organization was signed at Stockholm. As one of the 16 specialized agencies of t he United Nations system of organizations, WIPO is dedicated to promoting the use and p rotection of works of the human spirit. It administers 23
international treaties dealing with different aspects of intellectual property protection. Presently, the Organization counts 179 nations as member states.
For the purpose of establishing a mutually supportive relationship between the World Trad e Organization (WTO) and the World Intellectual Property Organization (WIPO) as well a s other relevant international organizations, a series of multi-lateral international trade treati es were adapted by the members of the World Trade Organization (WTO) since it was es tablished in 1995. An important one is the Agreement on Trade-related Aspects of Intelle ctual Property Rights（TRIPS）from the Uruguay Round of GATT negotiations. TRIPS co
vers Copyright and Related Rights; Trademarks; Geographical Indications; Industrial Design s; Patents; Layout-designs (Topographies) of Integrated Circuits; Undisclosed Information.
Ⅳ.Basic Principles in TRIPS
Basic principles in TRIPS conclude Principles of Existing with and According other Conve ntions, Principle of National Treatment, and Principle of Most-Favored Nation Treatment Principles of Existing with and According other Conventions In accordance with the TRIP S, the purpose of establishing the TRIPS is to provide and promote international comprehe nsive protection of intellectual property rights, other than replacing other established intern ational Conventions. Obligations of members under Paris Convention (the Paris Convention for the Protection of Industrial Property), Paris Convention (1967), Berne Convention (the Berne Convention for the Protection of Literary and Artistic Works), Rome Convention (t he International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations) and IPIC Treaty
(Treaty on Intellectual Property in Respect o f Integrated Circuits) shall not be eliminated on account of establishing of the TRIPS.
Principle of National Treatment he Article 3 of the TRIPS stipulates that each member sh all accord to the nationals of other members treatment no less favorable than that it accor ds to its own nationals with regard to the protection of intellectual property. But the Princ iple does not cover all aspects of intellectual property. The exceptions include those excep tions already provided or stipulated in the Paris Convention (1967), the Berne Convention (1971), the Rome Convention or the Treaty on Intellectual Property in Respect of Integrat ed Circuits; exceptions in relation to judicial and administrative procedures. In addition, th e obligation of each member to provide national treatment to other nationals in respect of performers, producers of phonograms and broadcasting organizations, only applies in respe ct of the rights provided under the TRIPS.
Principle of Most-Favored Nation Treatment In accordance with the Article 4 of the TRIP S, any advantage, favor, privilege or immunity with regard to the protection of intellectual property, granted by a Member to the nationals of any other country shall be accorded i
mmediately and unconditionally to the nationals of all other Members. 在知识产权保护方面，一成员给任何其他成员国民的任何好处、优惠、特权或豁免，应立即无条件地给予所有其他成员的国民。

一成员给予的下述好处、优惠、特权或豁免除此义务：（a）源于关于司法协助或一般性质的法律实施的国际协定而不特别限于知识产权保护方面的；The TRIPS also stipulates some exclusi ons in connection with the application of the Principle of Most-favored Nation Treatment. Exclusions include any advantage, favor, privilege or immunity accorded by a member der iving from
international agreements on judicial assistance or law enforcement of a general nature and not particularly confined to the protection of intellectual property;源于在关于《建立世界贸易组织的协议》（以下简称《建立WTO的协议》）生效前已生效的有关知识产权保护的国际协定，只要该等国际协定已被通知给TR IPS理事会并对其他成员的国民不造成武断或不公正的歧视。

or deriving from international agreements related to the protection of intellectual property which entered int o force prior to the entry into force of the WTO Agreement, provided that such agreemen ts are notified to the Council for TRIPS and do not constitute an arbitrary or unjustifiable discrimination against nationals of other Members; （b）依《伯尔尼公约》（197 1）或《罗马公约》规定给予的，它们授权所给予的待遇不是国民待遇性质而是另一国给予的待遇；or granted in accordance with the provisions of the Berne Convention (1971) or the Rome Convention authorizing that the treatment accorded be a f unction not of national treatment but of the treatment accorded in another country. In addi tion, producers of phonograms and broadcasting organizations not provided in TRIPS will not be covered by the treatment either. （c）本协定下未作规定的有关表演者、唱片制作者以及广播组织的权利；。