Legal analysis
Intellectual property rights refer to "the exclusive rights enjoyed by the obligee to the intellectual labor results created by him", which are generally valid only for a limited time. All kinds of intellectual creations, such as inventions, literary and artistic works, and signs, names, images and designs used in business, can be regarded as intellectual property rights owned by a certain person or organization. The main categories are: patent right, trademark right, copyright (copyright) and so on. People's creativity is infinite. Smart people invent or create science and technology for their own or social development, and the inventors' own inventions are called intellectual property rights. Intellectual property rights can better safeguard the legitimate rights and interests of creators, and at the same time, intellectual property owners can get certain economic benefits from it, thus better stimulating the creative desire of others and better promoting the development of economic society and civilized society. Intellectual property is time-sensitive. Intellectual property rights have a legal protection period. Once the validity period expires, the rights will automatically terminate or disappear, and the related intellectual achievements will become the common wealth of the whole society, and anyone can use them freely. 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. 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. 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.
legal ground
Article 123 of the Civil Code of People's Republic of China (PRC) * * * Civil subjects 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.