What is the subject of intellectual property?

Legal analysis: from the perspective of rights, the subject of intellectual property rights is the obligee (including copyright owner, patentee and trademark owner); From the perspective of legal relationship, the extension of intellectual property rights is the obligee and the obligor other than the obligee. Of course, the owner of intellectual property rights can be either a "natural person" or a "legal person". Under certain conditions, it can also be an unincorporated organization or directly owned by the state.

1, the original acquisition of intellectual property rights can only be based on the identity and qualification of the creator, and it is conditional on national recognition or grant. Original acquisition refers to the first generation of property rights or the acquisition of property without causing the rights of the original owner. 2. In the acquisition of derivative products, the acquisition of intellectual property rights is often incomplete or limited, which will lead to several rights holders sharing the benefits of the same product.

In the theory of civil law, the difference between derivative acquisition and original acquisition lies in two standards: the characteristics of will. Source of rights.

3. Intellectual property law mainly pursues the principle of "conditional national treatment" for foreigners' subjective qualifications.

The principle of national treatment is the basic principle of the international intellectual property system. This principle generally has two meanings: first, in terms of intellectual property protection, the members of international conventions must legally give the nationals of other member States the same treatment as their own nationals; Second, for nationals of non-member countries, as long as their works are first published in that country (copyright law); Or have a fixed residence in China, or have a business place to actually engage in industrial and commercial activities (industrial property law), they should also enjoy the same treatment as nationals of member States.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 114 A civil subject enjoys real rights according to law.

Property right is the right that the obligee enjoys direct control and exclusiveness over the specified object according to law, including ownership, usufructuary right and security right.

Article 123 Civil subjects shall enjoy intellectual property rights according to law.

Intellectual property rights are the exclusive rights enjoyed by the obligee to the following objects according to law:

(1) works;

(2) Inventions, utility models and designs;

(3) Trademarks;

(4) Geographical indications;

(5) Business secrets;

(6) Layout design of integrated circuits;

(7) New plant varieties;

(8) Other objects prescribed by law.