Legal restrictions on intellectual property rights

The legal restrictions on intellectual property rights are as follows:

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. The neighboring right is called "copyright-related right" in the copyright law;

2. Patents, that is, natural persons, legal persons or other organizations have the exclusive right to exploit inventions, utility models and designs within a certain period of time;

3. Trademark right, that is, the trademark registrant or the right successor enjoys various rights to the registered trademark within the statutory time limit;

4. The right to trade secrets, that is, the exclusive right that the civil subject enjoys according to law for technical information or business information belonging to trade secrets;

5. 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, integrated circuit layout design right, that is, natural persons, legal persons or other organizations enjoy the exclusive right of integrated circuit layout design;

7. Trade name right, that is, the exclusive right to use a trade name legally enjoyed by commercial subjects within a certain geographical scope. There are great differences in theoretical circles about whether the right to reward scientific and technological achievements, the right to geographical indications, the right to domain names, the right to fight unfair competition, the exclusive right to database and the right to commercialization can become independent intellectual property rights.

Intellectual property rights can be divided into the following categories:

1. Patent right: refers to invention patent, utility model patent and design patent;

2. Trademark rights: refer to trademarks, service trademarks, collective trademarks, certification trademarks, etc.

3. Copyright: refers to the copyright of literary, artistic and scientific works, such as novels, movies, music and software;

4. Proprietary technical secrets: refers to technical information, commercial information and technical secrets;

5. Right to new plant varieties: refers to the right to cultivate new plant varieties;

6. The right of integrated circuit layout design: refers to the exclusive right of integrated circuit layout design.

To sum up, intellectual property, also known as "the ownership of knowledge", refers to "the exclusive right enjoyed by the obligee according to law on the achievements created by its intellectual labor and the marks and reputations in business activities", which is generally valid only for a limited time.

Legal basis:

Article 42 of the Patent Law of People's Republic of China (PRC)

The term of patent right for invention is 20 years, the term of patent right for utility model is 10 year, and the term of patent right for design is 15 year, all of which are counted from the date of application.