Intellectual property rights are "the collective name of rights based on creative achievements and industrial and commercial marks". The three main intellectual property rights are copyright, patent right and trademark right. Among them, patent right and trademark right are also collectively referred to as industrial property rights.
Intellectual property is "intellectual property" in English, and it is also translated into intellectual property, intellectual property or intellectual property.
On the surface, intellectual property can be understood as "property right to knowledge", and its premise is that knowledge has the conditions to become legal property. However, the essence of knowledge is an objective and free-flowing information.
Once the knowledge as information is spread, the person who provides this information cannot control this information exclusively. Then the intellectual achievements expressed by these information cannot become the property of the information creator in the legal sense.
The legal system of intellectual property rights has created an unprecedented form of property rights by giving the creators of intellectual achievements the exclusive right to use and transfer.
Article 123 of the Civil Code of People's Republic of China (PRC) stipulates:
"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. Trade secrets; 6. Layout design of integrated circuits; 7. New plant varieties; 8. Other objects prescribed by law. "
Legal features:
1, the object is immaterial:
The objects of intellectual property rights are intangible works, inventions and goodwill. It is immaterial and must exist on a certain material carrier. The object of intellectual property is the intangible achievement carried or embodied by the intellectual material carrier.
2. Specific exclusivity:
Exclusivity, also known as exclusivity, means that without the permission of the intellectual property owner or the special provisions of the law, others may not carry out acts controlled by the exclusive right of intellectual property, otherwise it will constitute infringement.
3. Timeliness:
The temporality of intellectual property rights means that the protection period of most intellectual property rights is limited, and once it exceeds the protection period stipulated by law, it will no longer be protected. Creative achievements will enter the public domain and become public resources that everyone can use; Trademark registration also has legal time effect. If the obligee fails to renew the registration upon expiration, it will also enter the public domain.
4. Regional:
Unless there are special provisions in international treaties, bilateral or multilateral agreements, the effectiveness of intellectual property rights is limited to domestic territory. The reason is that intellectual property is a legal right and the product of a country's public policy, which can only exist through the mandatory provisions of the law. The scope and content of their rights also depend entirely on the provisions of domestic laws, and different countries have different provisions on the acquisition and protection of intellectual property rights. Therefore, the intellectual property rights of one country cannot be automatically protected in other countries except copyright.