1, exclusivity of intellectual property rights
Intellectual property rights are exclusive, also known as monopoly and exclusivity, that is, no one else has the right to enjoy them unless the right holder agrees or permits or the law stipulates. This uniqueness is manifested in:
First, the exclusiveness of the subject of intellectual property rights. It means that intellectual property is granted only once, and the subject of intellectual property is specific, and no one except the obligee can enjoy this right. The obligee has exclusive ownership and is protected by law.
Second, the exclusiveness of intellectual property objects makes it extremely difficult to engage in intellectual creation activities. Once the results fall into the hands of others, they will spread quickly and be copied and used by others. Therefore, only one object is granted the right to the same invention or identifiable mark.
Third, the exclusiveness of intellectual property content. The obligee can exercise his intellectual property rights by himself, or transfer or license others to exercise them, but these rights have the characteristics of stability and grantability and have specific contents.
2. The regionality of intellectual property rights
Intellectual property, as the exclusive right recognized and protected by law, has limited space, restricted by national territory and strict regionality. At present, with the development of global economy, international cooperation and exchanges have been promoted, and the intellectual property system has gradually become unified and internationalized.
In the transitional period from liberal capitalism to monopoly capitalism, the lack of regionality is beneficial for developed countries to copy, utilize and manage the intellectual achievements of underdeveloped countries, and realize the robber creed of "what is mine is mine, and what is yours is mine", which is not prohibited by other countries' laws. However, due to the technical gradient, developing countries cannot digest or absorb the advanced technology of developed countries, which requires the accumulation of knowledge and time.
In the period of monopoly capitalism, regionality endangers the interests of developed countries, that is, tangible property has no strict geographical restrictions and has extraterritorial effect in principle. That is, when tangible property arrives in another country, the obligee will not lose it. As long as it is recognized by the laws of other countries, it can also be protected by the conflict norms of other countries, while intellectual property rights are regulated by domestic laws and generally have no extraterritorial effect.
Developed countries quickly throw out laws and strengthen regionality to ensure that they will not lose the opportunity to absorb high profits. The Paris Convention for the Protection of Industrial Property (1883), the Berne Convention for the Protection of Literary and Artistic Works (1886) and the madrid agreement concerning the international registration of marks (1887) were initiated and signed by developed countries under this historical background. Because 90% of intellectual achievements with international economic and technological monopoly are concentrated in industrial countries, international intellectual property conventions can only be regarded as legal equality but de facto inequality, and also an important part of the contradiction between East and West and the crux of the North and South.
3, the timeliness of intellectual property rights
The temporality of intellectual property refers to the limitation of intellectual property in time. Property rights in intellectual property rights are protected by law, which is not infinite and eternal in time, but has a certain period, called protection period or validity period, that is, intellectual property rights are only protected by law within the validity period, and after the expiration, they enter the public domain, and intellectual property rights become the wealth of the whole society.
The prescription system is the result of balance and coordination when the protection time is too short, which is not conducive to stimulating inventions, such as permanent possession, and is not conducive to the public, that is, a certain period of time is conducive to encouraging competition. The prescription system has become a common system adopted by all countries in the world.
According to the Patent Law of People's Republic of China (PRC), the protection period of invention patent right is 20 years, and that of utility model patent and design patent is 10 year from the date of filing. The Trademark Law of People's Republic of China (PRC) also stipulates that the protection period of a registered trademark is 10 years, counting from the date of approval of registration, and it can be renewed upon expiration. The Copyright Law of People's Republic of China (PRC) also stipulates that the protection period of natural person authors is 50 years before and after the author's death, ending at 65438+February 3 1 day in the 50th year after the author's death. However, the author's personal rights (right of signature, right of modification, right of protecting the integrity of works, etc.). ) There is no time limit. ?
4. Intellectual property is impersonal.
Existence refers to the existence of entities, which can be recognized by people with the touch of five senses, such as land and houses. No body means no entity, just an imaginary object and a product of knowledge.
The generalized intangible property right is not only limited to the rights enjoyed by knowledge products, but also includes the rights generated by bonds, commercial bills, contract documents, stocks and so on. The right to produce works, patents, trademarks, inventions and discoveries is only a part of intangible property rights. People's exclusive rights to works, patents, trademarks and inventions are called intellectual property rights.
There are two differences between intangible property and tangible property: first, intangible property is often obtained or confirmed through specific application, examination, approval or registration procedures, while tangible property rights are generated according to legal facts, such as purchase and gift; Second, the infringement of tangible property is usually manifested as damage or illegal possession, while the infringement of intellectual property is often manifested as plagiarism and counterfeiting.