First, the theory of scope or enumeration. The scope theory or enumeration theory of the concept of intellectual property rights originated from Article 2 (8) of the Convention of the World Intellectual Property Organization, and was restated by Article 1 in Part I of the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization, which has great influence on world economy and trade. The scope of intellectual property rights defined by the above two international conventions is the common practice of intellectual property legal system in the world today. "Up to now, most countries' legal monographs, laws and even international treaties define the concept of intellectual property rights from the perspective of defining the scope, or make decisions on intellectual property rights" (Note 13).
According to the definition of intellectual property stipulated in Article 2 (8) of the World Intellectual Property Organization Convention, intellectual property rights include the following rights: 1. Rights related to literary, artistic and scientific works, that is, copyright or copyright. 2. Rights related to performing activities, recording and broadcasting of performing artists, that is, neighboring rights. 3. Rights related to inventions in various fields of human creative activities, that is, patent rights (including invention patent rights, utility model rights and non-patent invention rights). 4. Rights related to scientific discovery. 5. Rights related to industrial designs. 6. Rights related to commodity trademarks, service trademarks, trade names and other business marks. 7. Rights related to the prevention of unfair competition. 8. Rights arising from all other intellectual creative activities in the fields of industry, science, literature and art (Note 14). According to Article 1 in Part I of the TRIPS Agreement, the intellectual property rights of this Agreement refer to all the rights contained in Sections 1 to Section 7 in Part II of this Agreement, namely 1, copyright and neighboring rights; 2. Trademark right; 3. The right to geographical indications; 4. Industrial product design right; 5, patent right, 6, integrated circuit layout design right; 7. Right to access undisclosed information. (Note 15) According to the definition of intellectual property in the above-mentioned international conventions, intellectual property refers to the rights arising from all intellectual creation activities, such as inventions, discoveries, works, trademarks, trade names, and anti-unfair competition. "This is the result of years of discussion by real experts from various countries." (Note 16)
Second, to sum up. Many scholars in China adopt a generalized method to define intellectual property rights. For example, the course "Intellectual Property Law", a law textbook in colleges and universities, is defined as: "Intellectual property refers to the exclusive rights that people can enjoy according to law for their intellectual creation achievements"; Another example is the definition of intellectual property in Detailed Interpretation of Intellectual Property Law (Note 17), which refers to the rights that intellectual property rights holders enjoy in accordance with the law on the intellectual achievements created by their intellectual activities; Another example is the concept of intellectual property used in compensation for intellectual property infringement, which refers to the rights of the creator of intellectual achievements and the owners of commercial marks in industrial and commercial activities, including industrial property rights and copyrights (Note 18).
Third, the theory of intangible property system. In recent years, some scholars believe that all rights under the banner of intellectual property rights do not come from the field of knowledge, nor are they all based on intellectual achievements. The word "knowledge" of intellectual property seems to be misnamed (note 19). Therefore, the scholar suggested that an intangible property right system should be established in the study of civil law, which is broader than intellectual property rights, so as to include all rights based on intangible forms (including knowledge and experience forms, business reputation forms and business qualification forms). This intangible property right includes three rights: the right of creative achievement, the right of commercial marking and the right of commercial credit (Note 20).