1. Intellectual property rights are regional. Regionality means that intellectual property rights obtained according to a country's laws are only valid within that country, but not in other countries. In this respect, intellectual property rights are different from property rights;
2. Intellectual property rights are temporary. Intellectual property rights have a legal protection period. Once the term of validity expires, the rights will be terminated or destroyed by themselves, and the related intellectual achievements will become the common wealth of the whole society, and anyone can use them freely.
3. The object of intellectual property is intangible property. The object of intellectual property protection is an intangible spiritual wealth. The intangibility of object is the essential attribute and characteristic of intellectual property, and it is also the most fundamental sign that this right is different from the ownership of tangible property. The difference between intellectual property law and ownership: Intellectual property law refers to the general name of legal norms regulating social relations arising from activities such as ownership, exercise, management and protection of intellectual property rights. The comprehensive and technical characteristics of intellectual property law are very obvious. In intellectual property law, there are both private law norms and public law norms There are both substantive norms and procedural norms;
4. Intellectual property rights must be directly confirmed by law. Intellectual property rights have no form, do not occupy space, and are difficult to actually control. Therefore, although the law stipulates that intellectual property rights are civil rights, it does not mean that every citizen enjoys civil rights to the knowledge and wisdom in his mind. The law only recognizes that the object of this civil right is intellectual achievement, not intelligence itself. Therefore, the recognition and protection of intellectual property rights usually require direct and specific legal provisions;
5. Intellectual property rights are exclusive. Intellectual achievements can be used by multiple subjects at the same time, so most intellectual property rights have exclusive rights granted by law, and their exclusiveness makes it impossible for two or more obligees to have the same intellectual achievements at the same time.
legal ground
patent law of the people's republic of china
Article 1 This Law is formulated for the purpose of protecting the legitimate rights and interests of patentees, encouraging inventions and creations, promoting the application of inventions and creations, improving innovation ability, and promoting scientific and technological progress and economic and social development.