Refer the intellectual property issue that in exhibiting, may involve, be in mostly patent and brand two respects, the characteristic with their common both is only sexual, no matter patent or brand, after be being obtained via legal process, get legal protection namely, droit person is enjoyed exclusive the right. Without obligee license, anybody must not manage purpose do sth without authorization to use for production, production, sale or product of patent of imports and exports and the product that have same brand, form tort namely otherwise, get thereby of law penalize.
Be compared and character, patent has stronger exclusive sex, the goal that fulfils patent system is to promote the development of economy and science and technology, the country exchanges his for the condition to make public technicality to the society with granting inventor patent rights benefit. As redound, the country grants patent person a kind of exclusive right, only him obligee just can be carried out or permit other carry out this patent namely. Accordingly, except patent person the anybody beyond should implement patent technology, must obtain the agreeing of patent person beforehand, in jural call patent license. This kind of license passes patent commonly person and be signed by permissive person agreement of written and patent license will finish, its are main content is be paid fee to patent person by permissive person and paid the access that gains this patent. Patent protection basically includes product structure, color to deserve to compare, the respect such as exterior appearance.
The production difference between the same similar perhaps goods that the main function of brand depends on divisional and different commodity producer or operator place are produced or be being managed, the manufacturer home of divisional commodity mixes facilitating consumer management unit. After brand is registered via application, droit person also is enjoyed exclusive special right, other person must not be used without the license. But notable is, this kind of special right is restricted certainly, namely the product with identical or similar be confined to. Those who change character, the manufacturing business of disparate industry or industry or distributors can share some logo inside some kind of limits. For example, ” of bishop of card of “ Great Wall and ” of lube of card of “ Great Wall can exist at the same time, and each other does not form tort. But in wine kind or in lube industry, must not again other manufacturer uses brand of ” of “ Great Wall. If again liquor produces manufacturer to use label of ” of “ Great Wall without accredit, form tort namely.
Patent or brand serve as a kind of intellectual property, still have other a lot of character, provision of each country law is endless also and same. But altogether, be permitted beforehand and paid using is unified principle. Product production business and distributors should be used, produce or sell some kind of patent product or the product of a certain brand, must obtain the license of obligee beforehand, want to assume corresponding legal responsibility otherwise, responsibility of this kind of law not because of party not know the inside story and get exonerative.
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