Legal analysis: Independent intellectual property is a concept with China characteristics. It is a new proposition in the era of knowledge economy, which has four characteristics: localization of subject, internalization of ownership, integration of power and publicity of private rights. In the real social and economic life, any social actor can obtain the exclusive possession and exclusive use of a specific intellectual property right through other means such as buyout. Sometimes, this kind of exclusive possession and exclusive use right can be regarded as the realization of "autonomy" of intellectual property rights, that is, the right to possess an intellectual property right and decide how to use it independently. But this is only one aspect of the problem. On the other hand, as a more realistic and practical independent intellectual property right, it refers to the intellectual property right obtained by a specific social actor, such as an enterprise, through its own personnel and using its own material conditions, after making certain behaviors, such as technological innovation and development, and obtaining certain intellectual achievements. The original acquisition of characteristic "independent intellectual property rights", that is to say, is mainly obtained through independent research, commissioned research and development, cooperative research and development and other original acquisition methods.
Independent intellectual property rights require the creative behavior of intellectual property owners to be included in knowledge products. Creativity includes groundbreaking inventions and creations, as well as improvements and combinations based on the original technology.
Legal basis: Article 123 of the Civil Law of People's Republic of China (PRC), in which 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.