Recently, I watched "I am not a drug god" starring Shanzheng eldest brother, and I also read a lot of intellectual property knowledge about the medical industry. I also sorted out some copyright knowledge about industrial design and shared it with you!

Generally, for design products, intellectual property rights are divided into two parts: copyright and industrial property rights. Copyright is what we often call copyright, while industrial property rights include patent rights, trademark rights, etc.

The first is copyright. The object of copyright is work, which refers to intellectual achievements that are original in the fields of literature, art, and science and can be copied in a tangible form, which emphasizes originality.

In general, the completion of a work under supervision no longer constitutes a condition for the independent completion of the work, because the director will put forward opinions and needs for the work, and the designer will modify it again based on the opinions. If the rate of modifying the work based on the opinion reference is more, And it reflects the ideas and creativity of other people, then the copyright belongs to the two.
If the design content is engineering design drawings, product design drawings, maps, software, programs and other works for which the enterprise legal person is responsible (this content may also involve patent rights, trademark rights, trade secrets, etc.), the copyright belongs to the enterprise legal person.

In fact, legally speaking, "the work will automatically obtain copyright from the date of completion of the creation". That is to say, basically the design drawings are protected by law when they are drawn, and they enjoy the protection of copyright without applying for copyright registration (Article 10 of the Copyright Law).

Therefore, in general copyright disputes, the most important thing is to prove the above 3 points. In view of these three aspects, the simplest way to identify the ownership of design works is to publish them first.
In addition, the manuscripts and original documents in the design process are precious materials that others cannot directly obtain and cannot be easily shared with others.

Publication is a preliminary measure for the protection of works. According to the law, if the same work is published, the earliest publisher should be the copyright owner of the work. If he can also produce "root evidence" such as the manuscript source file, the copyright should be established. At the same time, the publishing platform of the work should be selective, and attention should be paid to whether the platform has the ability to assist in obtaining evidence and the power to provide evidence. Moreover, the registration information of users on the platform should be as perfect as possible. At the same time, the platform should also mark copyright information for users to play a warning role.

Another method is digital copyright registration. This method has become very convenient in the past two years. The China Copyright Protection Center supports digital copyright registration, and even some partners of the China Copyright Protection Center have opened free registration. The process is also very convenient. After the registration is completed, you can get a digital copyright certificate (electronic version), which has the same legal benefits as the paper copyright grade certificate, as well as a unique DCI code and DCI logo.

However, it is worth making clear that, unlike patents or trademarks, the copyright protection center does not identify originality when handling copyright registration, but only registers the works for the record. The main function of copyright registration is to publicize and act as preliminary evidence of the ownership of rights when a dispute occurs to the court. Registration can be overturned by evidence to the contrary. Therefore, it is emphasized again that the draft and original documents of the creation must be kept!

Another aspect is industrial property rights.

There are three types of patents protected by China's patent law, namely, invention patents, utility model patents and design patents. According to the provisions of my country's patent law, the invention refers to the new technical scheme proposed for the product, method or its improvement; the utility model refers to the new technical scheme suitable for practical use proposed by the shape, structure or combination of the product; appearance design refers to the new design of the shape, pattern, or combination of the product, as well as the combination of color, shape and pattern, which is beautiful and suitable for industrial applications.
These can be applied on the website of the State Intellectual Property Office (http://www.sipo.gov.cn/).

Recently, I have read a lot of public numbers and are talking about the relevant knowledge of intellectual property rights of pharmaceutical enterprises. I have also sorted out some intellectual property rights related to industrial design that I have seen. It is inevitable that there are some mistakes. I also welcome you to correct and discuss in the comment area.