The exclusiveness of intellectual property rights can also be called exclusivity, exclusiveness and monopoly.
The exclusiveness of intellectual property rights includes the following meanings: 1. Intellectual property rights are exclusive. During the validity period of the right, no one may use the right in the specified area without the permission of the intellectual property owner. 2. For an intellectual achievement, a certain type of intellectual property granted by the state should be unique, and the same intellectual achievement cannot be granted to others of the same type.
According to the above-mentioned first meaning, the object of intellectual property protection, that is, intellectual achievements that meet the conditions of intellectual property magic weapon, can be distinguished from intellectual achievements in the public domain. In other words, the object of intellectual property rights must be in the "exclusive field" and be "exclusive". If you enter the "public domain", you can no longer be protected by intellectual property rights.
The second meaning also reflects the difference between intellectual property rights and tangible property rights. The owner of tangible property rights, such as the owner of a table, only has the right to use and dispose of his own table, but not the right to use and dispose of other identical tables, let alone prohibit others from manufacturing and selling the same table.
As for the patentee who has obtained the patent right of the watch product, he not only has the right to prohibit others from manufacturing and selling the same watch, but also can prevent others from obtaining the patent right of the same watch now. It can be seen that for a certain kind of tangible things, the "exclusiveness" of tangible property rights is the real "exclusiveness".
What does the exclusivity of intellectual property mean?
The exclusiveness of intellectual property rights is mainly manifested in two aspects: first, intellectual property rights are monopolized by obligees, who monopolize this exclusive right and are strictly protected. Without legal provisions or permission, no one may use the intellectual achievements of the obligee.
Second, for the same intellectual achievement, two or more intellectual property rights with the same attributes are not allowed to coexist. For example, two identical inventions can only be granted a patent right for one of them according to legal procedures; Compared with the prior art, later inventions; If there is no outstanding substantive characteristics and significant progress, we cannot obtain corresponding rights.
It is precisely because the subject of intellectual property can obtain legitimate monopoly interests that the intellectual property system has an incentive function, which urges people to continuously develop and create new intellectual achievements and promote technological progress and social development. Intellectual property rights and property rights are absolute rights, and they are rights to the world, which are different from creditor's rights.
Brief introduction to the exclusiveness of intellectual property rights
The exclusiveness of intellectual property rights can also be called exclusivity, exclusiveness and monopoly. The exclusiveness of intellectual property rights includes the following meanings: 1. Intellectual property rights are exclusive. During the validity period of the right, no one may use the right in the specified area without the permission of the intellectual property owner.
2. For an intellectual achievement, a certain type of intellectual property granted by the state should be unique, and the same intellectual achievement cannot be granted to others of the same type.
According to the above-mentioned first meaning, the object of intellectual property protection, that is, intellectual achievements that meet the conditions of intellectual property magic weapon, can be distinguished from intellectual achievements in the public domain. In other words, the object of intellectual property rights must be in the "exclusive field" and be "exclusive". If you enter the "public domain", you can no longer be protected by intellectual property rights.
The second meaning also reflects the difference between intellectual property rights and tangible property rights. The owner of tangible property rights, such as the owner of a table, only has the right to use and dispose of his own table, but not the right to use and dispose of other identical tables, let alone prohibit others from manufacturing and selling the same table. As for the patentee who has obtained the patent right of the watch product, he not only has the right to prohibit others from manufacturing and selling the same watch, but also can prevent others from obtaining the patent right of the same watch now. It can be seen that for a certain kind of tangible things, the "exclusiveness" of tangible property rights is the real "exclusiveness".
What does the exclusivity of intellectual property mean?
The exclusiveness of intellectual property rights is mainly manifested in two aspects: first, intellectual property rights are monopolized by the obligee, and the obligee monopolizes it.
Proprietary rights are strictly protected, and no one may use the intellectual achievements of the obligee without legal provisions or the permission of the obligee. Second, for the same intellectual achievement, two or more intellectual property rights with the same attributes are not allowed to coexist. For example, two identical inventions can only be granted a patent right for one of them according to legal procedures; Compared with the prior art, later inventions; If there is no outstanding substantive characteristics and significant progress, we cannot obtain corresponding rights.
It is precisely because the subject of intellectual property can obtain legitimate monopoly interests that the intellectual property system has an incentive function, which urges people to continuously develop and create new intellectual achievements and promote technological progress and social development. Intellectual property rights and property rights are absolute rights, and they are rights to the world, which are different from creditor's rights.
What is the exclusivity of intellectual property?
The exclusiveness of intellectual property means that the owner of intellectual property enjoys exclusive rights to its intellectual property. The exclusiveness of intellectual property rights is mainly manifested in two aspects:
1. The owner of intellectual property exclusively enjoys the rights protected by law. The temporality of intellectual property rights means that intellectual property rights are protected by law only within the time limit prescribed by law. Once the validity period stipulated by law is exceeded, the right will be automatically extinguished, or intellectual property rights will be lost according to law.
2. Only one of the same intellectual achievements can be the object of intellectual property protection, and two or more intellectual property rights with the same attributes cannot coexist at the same time. The temporality of intellectual property rights means that intellectual property rights are protected by law only within the time limit prescribed by law. Once the validity period stipulated by law is exceeded, the right will be automatically extinguished, or intellectual property rights will be lost according to law.