Clubs · Nov 28, 2024 · 3 min read
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Clubs · Nov 28, 2024 · 3 min read
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Property rights in intellectual property include the right to use, transfer, license, and prohibit others from using. The protection duration for property rights typically ranges from 10 to 20 years depending on the type of intellectual property, aiming to protect the owner's interests.
Pursuant to Clause 1, Article 20 Intellectual Property Law 2005 (amended by clause 5, Article 1 Amended Intellectual Property Law 2022) regulations, property rights in intellectual property include:
(1) Making derivative works;
(2) Performing the work to the public directly or indirectly through audio recordings, video recordings or any other technical means at a place accessible to the public but not freely available to the public choose the time and each part of the work;
(3) Directly or indirectly copy all or part of the work by any means or form, except for the cases specified in Point a, Clause 3, Article 20 Intellectual Property Law 2005 (amended by clause 5, Article 1 Amended Intellectual Property Law 2022);
(4) Distribution, import for distribution to the public through sale or other form of transfer of ownership of originals or copies of works in tangible form, except for the cases specified in Point b, Clause 3 Article 20 Intellectual Property Law 2005 (amended by clause 5, Article 1 Amended Intellectual Property Law 2022);
(5) Broadcasting or communicating to the public the work by wire, wireless, electronic information network or any other technical means, including providing the work to the public in such a way that accessible to the public at a place and time of their choosing;
(6) Rental of originals or copies of cinematographic works and computer programs, except in cases where such computer program is not the main object of the rental.
Pursuant to Clause 2, Article 27 Intellectual Property Law 2005 (amended by clause 8, Article 1 Intellectual Property Law amended 2009) then property rights have the following protection period:
(1) For works of cinematography, photography, applied arts, anonymous works have a protection period of seventy-five years, from the time the work is first published;
For works of cinematography, photography, or applied art that have not been published within twenty-five years from the time the work was fixed, the term of protection is one hundred years from the time the work was created. shaping;
For anonymous works, when information about the author appears, the term of protection is the entire life of the author and fifty years following the year of the author's death;
In case a work has a co-author, the term of protection ends in the fiftieth year after the year the last co-author dies;
(2) For works that do not fall into the category mentioned above, the term of protection is the entire life of the author and fifty years following the year of the author's death;
In case a work has a co-author, the term of protection ends in the fiftieth year after the year the last co-author dies;
Note: The protection period mentioned in sections (1), (2) will end at 24:00 on December 31 of the year the copyright protection period ends.
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