As far as the ownership of legal departments is concerned, intellectual property law still belongs to civil law and is a special law of civil law. Most of the basic principles, systems and legal norms of civil law are applicable to intellectual property rights. The norms of public law and procedural law in intellectual property law serve to confirm and protect the private rights of intellectual property rights and do not dominate.
Intellectual property rights include personal rights and property rights. Personal rights in intellectual property rights are exclusive rights inseparable from the person of the creator of intellectual activities, such as the right of signature, the right of publication, the right of revision, etc. The property right in intellectual property rights refers to the right of people who enjoy intellectual property rights to receive remuneration or other material benefits based on the results of such intellectual activities.
1. What is the object of intellectual property protection?
The object of intellectual property protection is intellectual achievement or knowledge product, which is the labor achievement created by creative intellectual labor. It is embodied in the following aspects:
(1) Copyright and neighboring rights. Copyright, also known as copyright, refers to the personal rights and property rights enjoyed by the authors of literary, artistic and scientific works and their related subjects according to law. Neighboring right is called copyright-related rights and interests in copyright law.
(2) Patent right refers to the exclusive right enjoyed by natural persons, legal persons or other organizations to exploit inventions, utility models and designs within a certain period of time according to law.
(3) Trademark rights, that is, all kinds of rights enjoyed by the trademark registrant or the successor of registered trademark rights within the statutory time limit.
(4) The right to trade secrets, that is, the exclusive right enjoyed by the civil subject to the technical information or business information that belongs to trade secrets according to law.
(five) the right to new plant varieties, that is, the exclusive right to use varieties authorized by units or individuals that have completed breeding according to law.
(6) The right of layout design of integrated circuits refers to the exclusive right of layout design of integrated circuits enjoyed by natural persons, legal persons or other organizations according to law.
(seven) the right of trade name, that is, the exclusive right to use the trade name in a certain geographical area.
Second, the significance of intellectual property protection
(a) to mobilize people's enthusiasm for scientific and technological research and literary creation. The intellectual property protection system is dedicated to protecting the intellectual achievements of right holders in the fields of science, technology and culture. Only by timely and comprehensive protection of intellectual achievements and legal rights of obligees can people's creative enthusiasm be mobilized and the optimal allocation of social resources be promoted.
(2) It can bring huge economic benefits to enterprises and enhance their economic strength. The exclusiveness of intellectual property rights determines that enterprises can be invincible in the market only if they have independent intellectual property rights. More and more enterprises are beginning to realize the great role of intangible assets such as technology, brand and trade secrets, and how to make these intangible assets gradually increase in value depends on the reasonable protection of intellectual property rights.
(3) It is conducive to promoting foreign trade and introducing foreign businessmen and capital.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 1 18 of the Civil Code of People's Republic of China (PRC).
Citizens who infringe intellectual property rights and legal persons with civil liabilities have the right to demand that the copyright, patent right, exclusive right to use trademarks, right of discovery, right of invention and other rights of others' scientific and technological achievements are infringed, and have the right to stop the infringement, eliminate the influence and compensate for the losses.