source of the law of intellectual property

China Intellectual Property Law comes from the following form:

1. Constitution

The Constitution is our national fundamental law. The regulations on protecting science and technology, literature and art in the Constitution are the basis for the making of The Law of Intellectual Property.

2. Laws

The main source of the "Law of Intellectual Property" is laws, including the "Copyright Law", the "Patent Law", the "Trademark Law", the "Law for Countering Unfair Competition" and other special laws, as well as other legal regulations concerning protecting intellectual property in the "Civil Law" and the "Criminal Law".

3. Administrative regulations

Administrative regulations refer to all rules, implementing regulations, decisions, orders, etc. concerning intellectual property made by the State Council and the related authorities of intellectual property.

4. Judicial interpretation

Judicial interpretation refers to the explanation of the "Law of Intellectual Property" to be applied to concrete affairs or cases by the Supreme People's Court. The form of its expression is advice on the application of the law, the explanation of law concerned and the written replies to subordinate cases from the Supreme People's Court.

5. International conventions

International conventions refer to international multilateral conventions and bilateral conventions concerning intellectual property. Up to now we have already acceded to more than ten international conventions and bilateral conventions concerning protecting intellectual property, such as the "Bern Convention", "Paris Convention for International Protection of Industrial Property", etc. They are both the basis of international protection of intellectual property, and the guidance of legislation of the "Law of Intellectual Property" in the country.