Generally speaking, intellectual property rights refer to the exclusive rights that citizens, legal persons or other organizations enjoy according to law for their intellectual achievements in the fields of science and technology, literature and art, etc.
Intellectual property rights in a broad sense include the rights of the following objects: literary, artistic and scientific works, performances by performing artists, records and radio programs, inventions in all fields of human beings, scientific discoveries, industrial designs, trademarks, service marks, commodity names and marks, cessation of unfair competition, and all rights arising from intellectual activities in the industrial, scientific, literary and artistic fields.
Intellectual property in a narrow sense only includes copyright, patent right, trademark right, name right and stopping unfair competition, but does not include the right of scientific discovery, invention and other scientific and technological achievements.
2, the characteristics of intellectual property rights
The characteristics of intellectual property rights can be summarized as follows:
(1) Intangible property right.
(2) Confirmation or award must be directly stipulated by special national legislation.
(3) Duality: both the nature of some personal rights (such as the right to sign) and the content of property rights. But the trademark right is an exception, it only protects property rights, not personal rights.
(4) Appropriateness: Intellectual property belongs exclusively to the subject of rights. Without the consent of the creditor or special provisions of the law, no one except the creditor may enjoy or use this right.
(5) Regionality: Intellectual property rights recognized and protected by a country's laws have legal effect only within the country.
(6) Timeliness: the law stipulates a certain period of protection for intellectual property rights, and intellectual property rights are valid within the statutory period.