The object of intellectual property, namely intellectual achievement, is an intangible spiritual wealth. The invisibility of the object is the essential attribute of intellectual property, and it is also the most fundamental difference between this right and the ownership of tangible property. The intangible nature of intellectual achievements is relative to the tangible nature of movable and immovable property, and there are also different forms of existence and utilization:
1, no physical control possession. Because intellectual achievements have no material form, they are manifested in the understanding and feeling of certain knowledge and experience. Although intellectual achievements have immaterial characteristics, they are always expressed through certain objective forms, which are usually called "carriers". The materialized carrier of intellectual achievements embodies tangible property rights rather than intellectual property rights.
2. Use without tangible loss. The publicity of intellectual achievements is the premise of intellectual property rights. Because intellectual achievements must be made public, people can make use of the relevant knowledge obtained from them, and under certain time and space conditions, they can be used by several subjects. The above use will not be as worn as using tangible things. If unauthorized users use other people's intellectual achievements without authorization, the civil liability form of compensation cannot be applied.
3. The tangible delivery of intellectual achievements will not be punished in fact or in law. Intellectual achievements cannot be consumed in kind, leading to their own demise. Its existence will only lead to the difference between exclusive property and social public wealth because of the expiration of legal protection. At the same time, there is no connection between tangible delivery and legal punishment, in other words, non-right holders may "dispose" intellectual achievements belonging to others through legal channels without actually "possessing". Based on the above characteristics, it is necessary for the state to give the creators of intellectual achievements intellectual property rights and implement legal protection different from the traditional property rights system.
(2) Intellectual property rights granted by the state
Intellectual property rights are different from the ownership of tangible property, which can be set and obtained according to certain legal facts, and do not need to be recognized or approved by state organs every time, but intellectual property rights have the characteristics granted by the state. Intellectual property rights need to be granted or confirmed by the competent department according to law. As mentioned above, the intellectual achievement is different from the traditional object. It has no form, does not occupy space, and is easy to overflow the actual control of the creator and be used by others. In other words, as long as intellectual achievements are made public, others can easily gain benefits through illegal punishment. Therefore, the creators of intellectual achievements cannot enjoy or exercise their rights and interests only by the legal facts of creative activities, that is, naturally, effectively and fully, but must rely on the special protection of national laws, that is, granting exclusive rights or exclusive rights through competent authorities. For example, if you want to obtain a patent right, you must apply to the competent department. After examination and approval, the state will issue a patent certificate for confirmation. The appearance of a trademark requires most countries to apply for registration in accordance with legal procedures and obtain a registration certificate before it can take effect.
(C) the duality of intellectual property rights
In the field of intellectual property rights, all kinds of rights include both property rights and personal rights, except trademark rights, which are not directly related to personal rights. Personal rights refer to the spiritual rights legally enjoyed by the creator of intellectual achievements, the right of authorship and honor enjoyed by the patentee, and the right of publication, authorship and modification enjoyed by the copyright owner. Personal rights are inseparable from the creators of intellectual achievements, so they cannot be transferred, given or inherited. The property right in intellectual property refers to the right of intellectual property rights holders to get certain remuneration and rewards according to law, such as patent right, trademark right, work license fee, etc. Property rights can be transferred, given and inherited.
(D) Exclusivity of intellectual property rights
Intellectual property is an exclusive civil right, which is as exclusive and absolute as ownership. However, because intellectual achievements are products in the spiritual field, the effective content of intellectual property rights is different from ownership. Intellectual property rights are exclusive, mainly in the following two aspects:
1. Intellectual property is monopolized by the obligee, who monopolizes this exclusive right and is strictly protected. Without the legal provisions or permission of the obligee, no one may use the intellectual achievements of the obligee.
2. For the same intellectual achievement, two or more intellectual property rights with the same attributes shall not coexist. For example, according to the law, only one of the two identical applications for a patent for invention can be granted the right, and the subsequent application for invention cannot obtain the corresponding right if it has no outstanding substantive features and significant progress compared with the existing technology.
Intellectual property rights, like ownership, have exclusive or exclusive effects, but the content and scope of their effects are different: first, the exclusiveness of ownership means that the owner refuses the illegal possession, use, income or disposal of his property by the non-obligee, while the exclusiveness of intellectual property means that the obligee refuses the illegal imitation, counterfeiting or plagiarism of his intellectual achievements by the non-obligee; Secondly, the exclusiveness of ownership is absolute. All people exercise their material rights without interference or active assistance from others, and their rights are not limited by region and time. However, the exclusiveness of intellectual property rights is relative. This right is not only limited in effectiveness, such as fair use system in copyright law and compulsory license system in patent law, but also limited in geographical scope and protection period.
(E) the regionality of intellectual property rights
As an exclusive right, intellectual property is not infinite in space, but limited by region, that is, it has strict regionality and its effectiveness is limited to its own territory. Intellectual property is an intangible property right, which is different from tangible property. Generally speaking, there is no geographical restriction on the protection of tangible property ownership in principle. Whether citizens move tangible property from one country to another, or legal person's property is transferred from one country to another because of investment and trade, it still belongs to the obligee, and there will be no problem that property ownership loses its legal effect. Intangible property rights are intellectual property rights recognized and protected according to the laws of a country, and can only take legal effect in that country. Intellectual property rights have no extraterritorial effect, and other countries outside the territory have no obligation to protect such rights unless international conventions or bilateral reciprocal agreements are signed. Anyone outside the country can freely use the intellectual achievements in his own country without obtaining the consent of the right holder or paying remuneration to the right holder.