The organizer requires that all transferable rights of the entries belong to the organizer, so the author has only a few basic rights, such as the right of signature, and no other rights.
Characteristics of intellectual property rights
(1) Intellectual property is an intangible property.
(2) Intellectual property rights are exclusive.
(3) Intellectual property rights have the characteristics of timeliness.
(4) Intellectual property rights have regional characteristics.
(5) The acquisition of intellectual property requires legal procedures.
■ Exclusivity, that is, exclusivity or monopoly; Without the consent of the creditor or the law, no one except the creditor may enjoy or use this right. This shows that the exclusive right of the obligee is strictly protected from infringement by others. Only through legal procedures such as "compulsory license" and "expropriation" can the exclusive right of the obligee be changed. The object of intellectual property is the intellectual achievement of human beings, which is neither a person nor a personality, nor something tangible or intangible outside, so it can neither belong to personality rights nor property rights. On the other hand, intellectual property is a complete right, but the interests as the content of the right are both economic and non-economic, so it cannot be said that intellectual property is a combination of the two types of rights. For example, copyright is the combination of personal rights (or personality rights or spiritual rights) and property rights, which is wrong. Intellectual property is a kind of right with complex content (multiple functions), economy and non-economy. Therefore, intellectual property rights should be juxtaposed with personality rights and property rights and form a class of their own.
■ Regionality, that is, it is only valid in the confirmed and protected areas; That is to say, unless an international convention or bilateral reciprocal agreement is signed, the rights protected by a country's laws will only take legal effect in that country. Therefore, intellectual property rights are both regional and international under certain conditions.
■ Timeliness, that is, the guarantee is only within the prescribed time limit. In other words, the protection of various rights by law has a certain period of validity, and the length of the protection period can be the same or different. Only by participating in international agreements or making international applications can a certain right be uniformly protected.
■ Intellectual property is an absolute right, which is similar to the ownership in real right in some respects, such as the right to directly control things, which can be used, benefited, disposed of and dominated by other species (but there is no possession problem); Exclusive; Transferability (including inheritance), etc.
■ Intellectual property rights are restricted by law in several aspects. Although intellectual property is a private right, although the law also recognizes its exclusiveness, but because people's intellectual achievements are highly public, closely related to social culture and industrial development, it is not suitable for anyone to monopolize for a long time, so the law stipulates many restrictions on intellectual property:
△ First, from the perspective of the occurrence of rights, the law provides various positive and negative conditions and publicity methods. For example, the occurrence of patent rights requires application and examination and approval. There are various conditions for the invention, utility model and design to be granted patent rights (Articles 22 and 23 of the Patent Law), but some matters are not granted patent rights (Article 25 of the Patent Law). Although there are no restrictions on the application, examination and registration of copyright, there are also restrictions in Articles 3 and 5 of the Copyright Law.
△ Second, the law has special provisions on the term of rights. This is a big difference between intellectual property and ownership.
△ Third, the obligee has a certain obligation to use or implement. The law provides for compulsory license or compulsory license system. For copyright, the law also stipulates a fair use system.