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 which 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.
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) Business secrets; (6) Layout design of integrated circuits.
Etymological source:
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.
The reason why the law wants to turn the original free information into the property of the creator is because public policies need to promote the development of science and technology, social progress and protect certain specific interests. Therefore, not all knowledge produces intellectual property rights. At the same time, the extension of the word intellectual property is constantly changing with the development of society, and intellectual property is also constantly improving.
What is intellectual property? Refers to the general name of the legal norms regulating the social relations arising from the ownership, exercise, management and protection of intellectual property rights.
Article 123 of the Civil Code stipulates that civil subjects shall enjoy intellectual property rights according to law. Oral property right is the exclusive right 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) Business secrets;
(6) Layout design of integrated circuits;
(7) New plant varieties;
(8) Other objects prescribed by law. (The effective time of the Civil Code is 22 1 year 1 month 1 day).
Intellectual property rights include 1. Intellectual property rights, also known as "intellectual property rights", refer to "the exclusive rights enjoyed by the obligee for the intellectual property achievements created by his intellectual labor and their marks and reputation in business activities", which are generally valid only for a limited time. All kinds of intellectual creations, such as inventions, designs, literary and artistic works, as well as signs, names and images used in business, can be regarded as intellectual property rights owned by a certain person or organization. 1967 The word "intellectual property" appeared after the establishment of the World Intellectual Property Organization.
2. Intellectual property rights are the exclusive rights 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 rights are closely related to human life and are everywhere. We can see its important role in business competition.
3.2065438+On April 24th, 2007, the Supreme Law issued the Outline of Judicial Protection of Intellectual Property Rights in China for the first time. 2065438+September 2008, the General Office of the Central Committee and the General Office of the State Council issued some important documents such as Opinions on Strengthening Reform and Innovation in the Field of Intellectual Property Trial. 20 19 "Evaluation Report on Intellectual Property Development in China in 20 18" was released: On 24/0/0 of the same year, the general offices of the General Office of the Central Committee of the CPC and the State Council issued "Opinions on Strengthening Intellectual Property Protection" and issued a notice, requiring all localities and departments to conscientiously implement it in light of the actual situation.
What is intellectual property? Intellectual property rights are the rights that people enjoy according to law for their specific intellectual achievements, goodwill and other specific related objects.
Intellectual property rights cannot be narrowly understood as "property rights to knowledge". Not all knowledge can have intellectual property rights, such as historical and geographical knowledge, and it cannot be anyone's property. Therefore, we must have a clear understanding of intellectual property rights.
From the content of power, intellectual property rights include personal rights and property rights; Personal right in intellectual property is an exclusive right inseparable from the person of the creator of intellectual activities; The property right in intellectual property rights refers to the right of people who enjoy intellectual property rights to receive remuneration or other benefits based on the results of such intellectual activities.
Judging from the results of intellectual activities, intellectual property rights can be roughly divided into copyright, patent right and trademark right, among which copyright is self-contained, and patent right and trademark right are collectively referred to as industrial property rights.
Characteristics of intellectual property rights:
1, the object is immaterial:
The difference between intellectual property rights and other rights mainly lies in the object. The objects of intellectual property rights are intangible works, inventions and goodwill, while the objects of other rights are things.
2. Specific exclusivity:
Exclusivity, also known as exclusivity, means that others cannot use it without the permission of non-intellectual property rights holders or legal provisions, otherwise the rights of intellectual property rights holders will be violated.
3. Regional:
Unless there are special provisions in international treaties, bilateral or multilateral agreements, the effectiveness of intellectual property rights is limited to domestic territory. Because only property rights are legal rights, and different countries have different regulations on the acquisition and protection of intellectual property rights, only one country's property rights cannot be automatically protected in other countries.
4. Timeliness:
The protection period of most intellectual property rights is limited, and once it exceeds the protection period of peak law, it will no longer be protected. China's copyright law protects the works within 50 years of the author's life and death, and the patent law protects the patented invention for 20 years, after which it can be used at will. A registered trademark can always be protected as long as it is renewed within the statutory time limit.