Bet365 lotto review as a social protocol，In fact, it is also a symbol system。Legal Phenomenon、Legal concept、Legal theories and legal texts are symbols，Legislation、Both legal interpretation and legal application cannot avoid symbolic theory and symbolic rules。But the conscious application of semiotics as a methodology to legal research began in the second half of the 20th century，Analytical Bet365 lotto review、Linguistics and Bet365 lotto review are inextricably linked to semiotics。For that matter，The main task of semiotic Bet365 lotto review is to interpret legal texts、Defining legal concepts，Promote the precision of terminology in legislation and legal research，Improve the scientificity and appropriateness of legal application。

In the context of semiotics，Intellectual property Bet365 lotto review compared with other laws，With strong particularity。Patent Bet365 lotto review、Copyright Bet365 lotto review and trademark Bet365 lotto review are both part of the symbol system，The object of its adjustment，No matter the technical solution、Intellectual achievements such as product appearance and works，Still a trademark、Business name and even product packaging、Decoration and other commercial marks，They are all symbols。This determines the role of semiotic analysis in intellectual property legislation、Under judicial and legal interpretation，Should play a greater role in intellectual property Bet365 lotto review research。Qiyan，In the field of intellectual property，Semiotics is not only a research method，And it also has ontological meaning，Can be used to accurately define patented technology、Copyrighted Works and Commercial Marks，Even accurately delineate the symbolic boundaries and rights of protected objects，Writing patent application documents and defining claims、Identification of copyright works、Laying a solid foundation and scientific basis for delimiting the scope of trademark protection。

　　Semiotic expression Bet365 lotto review field of intellectual property

Although consciously applying semiotic methods to the study of intellectual property Bet365 lotto review，After human society enters the new millennium，To a large extent, it has to do with the rise of the knowledge economy、Innovation gradually becomes the first driving force for development and keeps pace with it，But in the historical process of the establishment and evolution of the intellectual property system，The basic system、Main principles and basic categories of design、Explanation has never escaped the discourse system of semiotics。

　First，Patent Bet365 lotto review protects a new technical solution that is different from existing technology，According to the current laws of various countries，This technical solution as a new symbol must also satisfy the novelty、Creativity and practicality。Novelty requires that the protected technical solution be different from the existing technology，The creative requirement ensures that it is a significant improvement compared to the existing technology，Practicality separates it from intellectual achievements that are also works。To prevent the private monopoly of scientific knowledge and principles，Patent Bet365 lotto review does not protect the scientific principles on which patented technology is developed。The above rules and principles all involve the deep mechanism of semiotics。

Second，An original expression of copyright protection ideas，But it does not extend to the thought itself。This is the "idea/expression dichotomy principle" and the principle of originality that are regarded as the norm by the theoretical and practical circles，The entire copyright Bet365 lotto review is just a reasonable expansion of the above principles。Among them，“Thought” is a broad concept，In the words of the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights，Including but not limited to thoughts、Program、Operation methods or mathematical concepts。If the work is a symbol，The "thought/expression" is just like the "signifier/signifier" of the symbol，The so-called "idea/expression dichotomy principle" first means，“Referred/referred to” can be completely separated。In other words，Copyright protection does not put forward substantive standards for the ideas expressed in the work itself，It only requires that the expression be original。This involves the most basic principles of semiotics，Is "signifier/signified" or "expression/thought" separable？

　Third，Based on the basic principles of trademark Bet365 lotto review，Any sign that can distinguish one company's products from those of other companies，All can be protected as trademarks。This is a typical semiotic definition，Among them，The so-called "sign" actually refers to the signifier of the symbol，What it refers to is “distinguishing one company’s products from those of other companies”。Qiyan，That is, significant，Ability to mark and distinguish the provenance of specific items，A slight extension，The provenance corresponds to the goodwill of a specific company。Therefore，Trademark is a binary commercial symbol composed of "signifier/signified" and "sign/source (goodwill)"。Considering that trademark registration must specify the category of goods or services，The specified goods or service categories can be interpreted as objects in the Peircean ternary symbol structure，Trademark can also be constructed as a symbolic triangle composed of "logo-object-source"。In traditional trademark jurisprudence，About "Fake Trademarks、Random trademark、implied trademark、Division of "descriptive signs and common names"，Rules regarding “inherent/acquired distinctiveness”，Can be converted into semiotic topics，Get a satisfactory explanation、Correction or even reconstruction。actually，As early as 1942，American jurisprudence clearly points out，“Trademark protection means the legal recognition of the psychological function of symbols”。We can even say，Trademark Bet365 lotto review since its inception，It is a symbol rule。

　　The blurred line between “thought and Bet365 lotto review”

As mentioned above，Enter the new millennium，The legal circles in my country have begun to consciously use semiotics to study intellectual property Bet365 lotto review。In the book "On the Systematization of Intellectual Property Rights" (2005)，Professor Li Chen defines the protection object of intellectual property as the combination of symbols formed by people using symbols，Including works、Technical solutions and business logos。Among them，The work conveys thoughts or emotions、Original combination of symbols；Technical solutions are also expressions，The main difference from the work is，Must be practical；Commercial marks must be distinctive，But since there is no requirement for intelligence content，The combination characteristics are not as good as the works、The technical solution is so obvious。actually，Symbol combinations are still symbols。In terms of qualifications as symbols，Trademarks and works、The technical solutions are the same，Only due to differences in functions and effects，The conditions for legal protection vary。The work must be original，Technical solutions should be novel、Creativity and practicality，Trademarks require distinctiveness。Internationally，Semiotic analysis is mainly carried out in the field of trademark Bet365 lotto review，Relevant results deserve attention。Among them，A long paper "Semiotic Analysis of Trademark Bet365 lotto review" by Professor Barton Beebe from the United States (2004)、The monograph "Conditions for Symbols to be Protected by Trademarks: Empirical and Linguistic Perspectives" (2006) by Dr. Maximilian Schenk from Germany is a representative example。Inspired by the above results，The author completed his doctoral thesis "Semiotic Analysis of Trademark Bet365 lotto review" in 2006，And consciously use semiotics (psychology) principles to analyze including trademark structure、Trademark distinctiveness、Trademark confusion、Basic categories and main systems including trademark dilution and trademark transfer，Written and published a series of papers。To this，Professor Wu Handong once gave the following commendation: "The semiotic method is a powerful tool for analyzing the basic categories of trademarks and trademark Bet365 lotto review，Hit the key points in this field。”Nevertheless，Even in the field of trademark Bet365 lotto review，The influence of semiotic analysis is also very limited，Even ridiculed for “complicating simple problems”。In terms of research on patent Bet365 lotto review and copyright Bet365 lotto review，The application of semiotic methods has not yet really begun。

The object of intellectual property itself is a symbol，Pair of works、Analysis of symbolic structure of technical solutions and business marks，becomes the primary task of semiotic analysis。Everyone knows，Basic characteristics of civil rights、Legal boundaries and scope of protection often depend on the precise definition of their objects。For intellectual property rights，The difficulty of accurately defining its intangible objects has always troubled legislation、Judicial and theoretical research。Semiotic analysis can be done in a primary sense，Solution to the work、What are the technical solutions and business labels?。For that matter，Work is the unity of "thought/expression"；Trademark is a ternary symbol composed of "logo/source (goodwill)/goods or service category"，In specific cases，Can also be simplified to the binary structure of "logo/origin (goodwill)"；The symbolic structure analysis of the technical solution is quite difficult，The technical solution first manifests itself as a certain production process、Operation method、Product formula，And ultimately reflected in specific products and measurement results，Patent pending、In the process of review and infringement disputes，The technical solution has been approved by the instructions (including drawings、Equation、Calculation formula) and claims are presented，Legal documents such as instructions and claims can often be recognized as works。Production process、Operation methods and product formulas relative to instructions and claims，No different from thoughts in the context of copyright，But it can be protected by patent Bet365 lotto review as a symbol，The technical principles supporting the technical solutions can only be in the public domain，For people to use freely。All these，Everything is confusing，This urgently requires further breakthroughs in semiotic analysis。

Furthermore，Works that can be clearly divided into "signifier/signified"，There are also major doubts and even difficulties in interpreting and applying current legal rules。From this，Wish it as discussed in the previous article、Further discussion on the "idea/expression dichotomy principle" which is regarded as axiom。Without a doubt，The so-called "dichotomy" should be based on "thought/expression" which can be divided into premises。But in judicial practice，Parties and judges are often entangled between thoughts and expressions from beginning to end，It is difficult to convincingly draw the line between the two，So much so that the American judge Hand pointed out pessimistically: "No one has ever found the boundary between "thought and expression"，No one can find it”。actually，Decompose the sign into "signifier/signified"，Broken the work into “ideas/expressions”，A theoretical distinction made only for the sake of analysis。“Think of things that can be analyzed afterwards as synthesized from two parts in advance，Treat as one part appended to another，This is the most serious mistake of primary reflection。”In the words of Saussure，The signifier and signified of symbols，It’s like the front and back of paper，Always one body，Inseparable。In terms of the generation of symbols and the creation of works，Signifier and signified、Thoughts and expressions appear at the same time。It is not the first to point out and think，Signifiers and expressions are then produced and created。Preparing for creation、In the process of conceiving and completing the work，Thoughts/expressions often go through the process from vagueness to gradual clarity to final formation simultaneously。“There is no preexisting thought，Before language，No thought is clear。”Since thought and expression cannot be separated，How can the Bet365 lotto review only protect the original expression of ideas but not the ideas themselves？

　　Bet365 lotto review distinctiveness theory and rules

Anything that can distinguish one company’s products from those of other companies，That is, a distinctive sign，All can be protected as trademarks。Therefore，Distinctiveness rules are the hub for the normal operation of trademark Bet365 lotto review。Traditional theory divides saliency into inherent saliency and acquired saliency，and show a preference for inherent salience，Thinking that obtaining distinctiveness is just a fabrication of distinctiveness。actually，According to the principles of semiotics，No natural trademark，Any logos are for commercial use only、Recognized by consumers，Acquiring distinctiveness by actually playing the role of marking and distinguishing the source of goods，can become a real trademark。Qiyan，Distinctiveness can only be obtained through actual use of the mark，The so-called innate、Inherent distinctiveness is out of the question。Fake trademarks traditionally classified as inherently distinctive、Random and implied trademarks，In essence，It’s just because these words are weakly related to the goods or service categories they indicate，In actual markets relative to descriptive words and common names，Tend to be more easily recognized as a trademark，The Bet365 lotto review can be based on the consideration of reducing system operating costs，The registrant or user is not required to provide evidence to prove that it has acquired distinctiveness，Instead, it is directly presumed or even fabricated that it is significant。Descriptive words are strongly related to the marked goods or services，It is generally difficult to be recognized as a trademark by consumers，Competitors also have the need to use such words in the marketing process，Therefore, the registrant or user can only provide evidence to prove that the word has acquired distinctiveness，Only in order to claim trademark rights。This fully demonstrates，The distinction between traditional inherent/acquired salience is not entirely consistent with semiotic principles，But this division has been reasonably "transformed" and reinterpreted by semiotics，Still reasonable。Trademark distinctiveness can only be obtained through actual use，This raises another question: Why do most countries in the world adopt a registration and acquisition model that does not rely on actual use to confirm trademark rights？Answer this question，Need from semiotics、In-depth analysis from economics and other dimensions。Limited to space，No more expansion。

The principles of semiotics are profound and profound，Almost covers humanities、All fields of social science，And has a strong speculative color，Explain it、Construct or even reconstruct legal rules with practicality as the main appeal，It’s definitely not something you can do easily，Causing sarcasm like "complicating a simple problem"，As expected。A good Bet365 lotto review、A good rule，It should be clear、Simple and easy，But found、Make such and such a Bet365 lotto review、The rules often take a lot of trouble、Preparation is difficult。For that matter，Bet365 lotto review，In particular, the semiotic analysis of intellectual property Bet365 lotto review deserves to be jointly promoted by colleagues in the academic community。

　　(The author is a professor at the Intellectual Property Research Center of Zhongnan University of Economics and Bet365 lotto review)