Intellectual property, like property right, is a kind of property right. Posner and other scholars believe that legal property must have: scarcity, attribution and transferability. Scarcity reflects the contradiction between the finiteness of resources and the infinity of desires.
Objects that lack scarcity cannot become legal property, such as the air that is readily available around us. Although we can take a container to collect air and transfer it to others, generally speaking, air cannot become legal property. Attribution means that the subject can enjoy an object exclusively and can exclude the interference of others.
Extended data:
The role of intellectual property rights
1, to provide legal protection for the rights and interests of people who have completed intellectual achievements, and to mobilize people's enthusiasm and creativity in scientific and technological research and literary and artistic works.
2. It provides a legal mechanism for the popularization, application and dissemination of intellectual achievements, transforms intellectual achievements into productive forces and applies them to production and construction, resulting in enormous economic and social benefits.
3. It provides legal norms for international economic, technological, trade, cultural and artistic exchanges, and promotes the progress of human civilization and economic development.
4. As an important part of modern civil and commercial law, the legal system of intellectual property rights is of great significance to perfecting China's legal system and building a country ruled by law.