Legal subjectivity:
Definition of intellectual property rights refers to the exclusive rights that people enjoy in accordance with the law on the results of their intellectual work. Usually, the state gives creators the right to use their intellectual achievements within a certain period of time. exclusive rights or exclusive rights. Intellectual property is essentially a kind of intangible property right. Its object is intellectual achievements or knowledge products. It is a kind of intangible property or a kind of intangible spiritual wealth. It is the labor result created by creative intellectual labor. Like tangible property such as houses and cars, it is protected by national laws and has value and use value. The value of some major patents, well-known trademarks or works is also much higher than tangible properties such as houses and cars. Main features ⑴ Intellectual property is a kind of intangible property. ⑵ Intellectual property rights are characterized by proprietary nature. ⑶Intellectual property rights have the characteristics of timeliness. ⑷ Intellectual property rights have regional characteristics. ⑸The acquisition of most intellectual property rights requires legal procedures. For example, the acquisition of trademark rights requires registration. Exclusiveness means exclusivity or monopoly; no one other than the right holder may enjoy or use the right except with the consent of the right holder or as required by law. This indicates that the rights holder’s exclusive or monopolized exclusive rights are strictly protected from infringement by others. Only through legal procedures such as "compulsory licensing" and "expropriation" can the exclusive rights of the right holder be changed. The object of intellectual property is the intellectual achievement of a person, not a person or personality, nor an external tangible or intangible object, so it cannot belong to either personality rights or property rights. On the other hand, intellectual property rights are a complete right, but the interests that are the content of the rights are both economic and non-economic. Therefore, intellectual property rights cannot be said to be a combination of the two types of rights. For example, it is wrong to say that copyright is a combination of personal rights (or moral rights, moral rights) and property rights. Intellectual property rights are rights with relatively complex content (multiple rights) and both economic and non-economic aspects. Therefore, intellectual property rights should stand side by side with personality rights and property rights and form a category of their own. Regionality means that it is only valid within the recognized and protected region; that is, unless an international convention or bilateral reciprocity agreement is signed, a certain right protected by the law of a country will only have legal effect within the scope of that country. Therefore, intellectual property rights are both regional and, under certain conditions, international. Temporal protection means protection only for a specified period of time. That is to say, the legal protection of various rights stipulates a certain validity period. The length of the protection period may or may not be the same in the laws of various countries. Only when participating in an international agreement or making an international application can a certain right be unified. Protection period. Absolute rights are similar to ownership in property rights in some aspects, such as the right to directly control the object, which can be used, benefited from, disposed of, and controlled by others (but no possession issues arise); it is exclusive; it is transferable Sexuality (including inheritance), etc. Although intellectual property rights restricted by law are private rights, and although the law also recognizes their exclusive exclusivity, because people's intellectual achievements are highly public and closely related to the development of society, culture and industry, they should not be used by anyone. Long-term exclusivity, so the law stipulates many restrictions on intellectual property rights: First, from the perspective of the occurrence of rights, the law stipulates various positive and negative conditions and methods of publicity. For example, the occurrence of patent rights is subject to application, examination and approval. There are various conditions for inventions, utility models and designs that are granted patent rights (Articles 22 and 23 of the Patent Law). Patent rights are not granted for certain matters. (Article 25 of the Patent Law). Although there are no restrictions on application, examination, or registration for copyright, there are restrictions under Articles 3 and 5 of the Copyright Act. Second, the law has special provisions on the duration of rights. This is the big difference between intellectual property and ownership. Third, the right holder has certain obligations to use or implement. The law provides for a compulsory licensing or compulsory enforcement licensing system. Regarding copyright, the law also provides for a fair use system.
Legal Characteristics Legally speaking, intellectual property rights have the three most obvious legal characteristics: First, the territorial nature of intellectual property rights, that is, except for international conventions or bilateral or multilateral agreements, rights acquired under the laws of a country can only be obtained in It is valid within the territory of the country and is protected by the laws of that country. The second is the exclusivity of intellectual property rights, that is, only the right holder can enjoy it, and others cannot exercise their rights without the permission of the right holder. The third is the timeliness of intellectual property rights. The laws of various countries have different provisions on intellectual property rights. After a certain period of time, the rights will automatically terminate. Legal objectivity:
Article 123 of the "People's Republic of China and Civil Code"
Civil subjects enjoy intellectual property rights in accordance with the law. Intellectual property rights are the exclusive rights enjoyed by obligees in accordance with the law with respect to the following objects:
(1) Works;
(2) Inventions, utility models, and designs;
(3) Trademark;
(4) Geographical indication;
(5) Trade secret;
(6) Integrated circuit layout design;
(7) New plant varieties;
(8) Other objects specified by law.