[Edit this paragraph] Intellectual property
English is "intellectual property", German is "Gestiges Eigentum", their original meaning is "knowledge (property) ownership" or "wisdom" (Property) ownership”, also known as intellectual property rights. In Taiwan, it is called intellectual property rights. According to the provisions of my country's "General Principles of Civil Law", intellectual property rights are civil rights and are a collective term for rights legally generated based on creative intellectual achievements and industrial and commercial marks. According to research by some scholars, the term was first proposed by the French scholar Kapuszov in the mid-17th century and later developed by the famous Belgian jurist Picardy.
Intellectual property rights refer to the exclusive rights enjoyed by citizens, legal persons and other subjects in accordance with the provisions of the law on the intellectual products generated by their intellectual creation or innovative activities, also known as "intellectual achievement rights" "Intangible property rights" mainly include industrial property rights consisting of invention patents, trademarks and industrial designs, and works composed of natural sciences, social sciences, literature, music, drama, painting, sculpture, photography and film photography. Copyright (authorship) has two parts.
Intellectual property is a kind of intangible property right, which refers to the results obtained by intellectual creative labor, and is a right that intellectual workers enjoy in accordance with the law on their results.
This kind of right is called personal rights and property rights, also called moral rights and economic rights. The so-called personal rights refer to rights that are inseparable from the person who has achieved intellectual achievements, and are the legal reflection of personal relationships. For example, the author's right to sign on his work, or the right to publish or modify his work, etc., is a moral right; the so-called property right means that after the intellectual achievements are recognized by law, the obligee can use these intellectual achievements to obtain rewards or The right to be rewarded, this right is also called economic right.
The object of intellectual property is the human mind, and the creation of human intelligence belongs to the "right to intellectual achievements." It refers to the spiritual wealth created by engaging in all intellectual activities in the fields of science, technology, culture, and art. rights under the law.
[Edit this paragraph] Explain in detail
Three meanings of intellectual property rights:
(1) The object of intellectual property rights is the intellectual achievements of people, some people say For spiritual (intelligent) output. This kind of output (intellectual achievement) also belongs to a kind of intangible property or intangible property, but it is different from the kind of intangible property that belongs to physical products (such as electrical), and the kind of intangible property that belongs to rights (such as mortgage rights). , trademark rights), it is a direct product of human intellectual activity (brain activity). This kind of intellectual achievement is not only thought, but the expression of thought. But it is different from the carrier of thought.
(2) The right subject has exclusive and exclusive use of intellectual achievements. In this regard, it is similar to ownership in real rights, so it was classified as property rights in the past.
(3) The benefits obtained by rights holders from intellectual property rights are both economic and non-economic in nature. These two aspects are combined and inseparable. Therefore, intellectual property rights are different from personality rights, family rights (the benefits are mainly non-economic), and property rights (the benefits are mainly economic).
Intellectual property rights include: industrial property rights and copyright (called copyright in our country).
Industrial property rights consisting of invention patents, trademarks, and industrial designs. Industrial property rights include patents, trademarks, service marks, manufacturer names, names of origin, suppression of unfair competition, etc.