It refers to the spiritual wealth or spiritual products created by people through intellectual labor. The right to rely on intellectual achievements is called intellectual property, which is the right that intellectual workers enjoy according to law.
The right to intellectual achievements, also known as intellectual property rights, refers to the right to spiritual wealth created by intellectual activities in the fields of science, technology, culture and art.
Intellectual achievements have the following characteristics:
(1) creativity. It refers to the results of intellectual labor that have never appeared before, and has the characteristics of innovation and breakthrough. Although the intellectual achievements of human beings are inherited, they should be creative if they want to become the subject of rights. Every specific intellectual achievement requires different creativity. Generally speaking, patented inventions need the highest creativity. In order to obtain patent protection, an invention must have the conditions of novelty and advancement; It must be an advanced and unprecedented scientific and technological achievement in this technical field, and its technical ideas and technical solutions must make a qualitative leap in a certain technical field. Creativity is the second requirement for works, which requires literary and artistic works to be original and must be the result of the author's creative work. Third, the creativity required by trademark labeling can only be easily distinguished.
(2) immateriality. Intellectual achievement is a product of labor in the form of immaterial knowledge. Man's possession is not a concrete control, but a manifestation of understanding and utilization. However, intellectual achievements are always expressed in certain forms, such as novels, poems and essays in literary works; Trademarks are represented by some words, graphics or their combinations.
(3) openness. Before obtaining exclusive rights or exclusive rights, the subject of rights shall make the intellectual achievements public (except trade secrets). As far as patented products are concerned, publicity refers to the publication of all ideas and technical schemes of inventions and creations for which patents are applied in the form of announcements. In order to distinguish one's own trademark from others' trademarks, the trademark special blade must use one's own trademark publicly. As for works, one of the purposes of the author's creation is to spread.
Intellectual property, also known as "the ownership of knowledge", refers to "the property rights enjoyed by the obligee on the intellectual labor results created by him", which is generally only valid for a limited period of time. All kinds of intellectual creations, such as inventions, literary and artistic works, and signs, names, images and designs used in business, can be regarded as intellectual property rights owned by a certain person or organization. According to Professor Mark Lemley of Stanford University Law School, the word "intellectual property" was widely used after the establishment of 1967 World Intellectual Property Organization. Recently, some Internet companies, such as Tencent and Ali, are also referred to as IP. )
Intellectual property is the exclusive right of intellectual labor achievements created by human beings in social practice. With the development of science and technology, in order to better protect the interests of property owners, the intellectual property system came into being and was constantly improved. Nowadays, there are more and more violations of intellectual property rights such as patents, copyrights and trademarks. The modern patent system came into being in the first half of17th century. A hundred years later, the "patent specification" system came into being; More than a hundred years later, the system of "patent claim" came into being for the need of the court to deal with infringement disputes. 2 1 century, intellectual property is closely related to human life, and it is ubiquitous. We can see its important role in business competition.
Invention patents, trademarks and industrial designs constitute industrial property rights. Industrial property rights include patents, trademarks, service marks, names of manufacturers, names of countries of origin, prevention of unfair competition, rights to new plant varieties and exclusive rights to layout design of integrated circuits.
main feature
(1) Intellectual property is an intangible property.
(2) Intellectual property rights are exclusive.
⑶ Intellectual property rights have the characteristics of timeliness.
(4) Intellectual property rights are regional.
The acquisition of most intellectual property rights requires legal procedures. For example, the acquisition of trademark rights requires registration.
monopolize
That is, exclusiveness or monopoly; Without the consent of the creditor or the law, no one except the creditor may enjoy or use this right. This shows that the exclusive right of the obligee is strictly protected from infringement by others. Only through legal procedures such as "compulsory license" and "expropriation" can the exclusive right of the obligee be changed. The object of intellectual property is the intellectual achievement of human beings, which is neither a person nor a personality, nor something tangible or intangible outside, so it can neither belong to personality rights nor property rights. On the other hand, intellectual property is a complete right, but the interests as the content of the right are both economic and non-economic, so it cannot be said that intellectual property is a combination of the two types of rights. For example, copyright is the combination of personal rights (or personality rights or spiritual rights) and property rights, which is wrong. Intellectual property is a kind of right with complex content (multiple functions), economy and non-economy. Therefore, intellectual property rights should be juxtaposed with personality rights and property rights and form a class of their own.
sovereign right over territory
That is, it is only valid in the confirmation and protection zone; That is to say, unless an international convention or bilateral reciprocal agreement is signed, the rights protected by a country's laws will only take legal effect in that country. Therefore, intellectual property rights are both regional and international under certain conditions.
in time
In other words, it is only protected for a specified period of time. In other words, the protection of various rights by law has a certain period of validity, and the length of the protection period can be the same or different. Only by participating in international agreements or making international applications can a certain right be uniformly protected.
Belong to absolute rights
In some respects, it is similar to the ownership in real right, such as the right to directly control things, which can be used, benefited, disposed of and controlled by other kinds (but there is no possession problem); Exclusive; Transferability (including inheritance), etc.
legal binding
Although intellectual property is a private right, although the law also recognizes its exclusiveness, but because people's intellectual achievements are highly public, closely related to social culture and industrial development, it is not suitable for anyone to monopolize for a long time, so the law stipulates many restrictions on intellectual property:
First, from the perspective of the occurrence of rights, the law stipulates various positive and negative conditions and publicity methods. For example, the occurrence of patent rights requires application and examination and approval. There are various conditions for the invention, utility model and design to be granted patent rights (Articles 22 and 23 of the Patent Law), but some matters are not granted patent rights (Article 25 of the Patent Law). Although there are no restrictions on the application, examination and registration of copyright, there are also restrictions in Articles 3 and 5 of the Copyright Law.
Second, the law has special provisions on the term of rights. This is a big difference between intellectual property and ownership.
Third, the obligee has a certain obligation to use or implement. The law provides for compulsory license or compulsory license system. For copyright, the law also stipulates a fair use system.
Legal characteristics
Legally speaking, intellectual property rights have three most obvious legal characteristics:
One is the regionality of intellectual property rights, that is, except for signing international conventions or bilateral and multilateral agreements, the rights obtained according to the laws of a country can only be valid within the territory of that country and protected by the laws of that country.
Second, the exclusiveness of intellectual property rights, that is, only the obligee can enjoy it, and no one else can exercise their rights without the permission of the obligee.
Third, the limitation of intellectual property rights, the laws of various countries have stipulated a certain period of time for intellectual property rights, after which the rights will automatically terminate.
The head of the intellectual property department of Lantai Law Firm, which focuses on the legal protection of intellectual property rights, said, "Intellectual property rights refer to the exclusive rights enjoyed by citizens, legal persons or other organizations on the intellectual achievements completed by creative labor according to law, which are protected by law and shall not be infringed."