The intangibility of knowledge products is relative to tangible movable property and immovable property, and it has different forms of existence, utilization and disposal:
First, there is no physical control over possession. Because knowledge products do not have material form and occupy a certain space, people's possession of them is not a real and concrete possession, but a kind of knowledge and experience.
Although knowledge products have non-material characteristics, they are always expressed through certain objective forms, and the materialized carrier as their expression forms corresponds to tangible property rights rather than intellectual property rights.
Second, there is no tangible loss in use. The publicity of intellectual products is the premise of intellectual property rights. Because knowledge products must be publicized and published to the public, people can use relevant knowledge from them and can be used by several subjects under certain time and space conditions.
The above-mentioned use will not be lost like tangible use. If unauthorized users use other people's knowledge products without authorization, the form of civil liability for restitution cannot be applied.
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The Essence of Intellectual Property Object
The object of right refers to the object to which the right is attached. The object of intellectual property rights is intellectual achievements, which are embodied in inventions, works, trade secrets and databases. If we study these intellectual achievements, it is not difficult to find that their essence is information. Take the intellectual property object protected by China's intellectual property law as an example.
There are three objects of patent right in China: invention, utility model and design. An invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new technical scheme for the shape, structure and combination of products, which is suitable for practical use; Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern, color or their combination of products.
The core of an invention or utility model is its technical scheme, that is, the technical measures taken by the inventor to solve technical problems. These technical measures are just a kind of information disclosed to the public by the inventor in the patent application, whether it is a complex product structure design or a simple material formula.
The same is true of design. This information may be sought after by technicians in this field for many years, or it may be considered theoretically infeasible but practically feasible, that is, the so-called information to overcome technical prejudice. The public can implement these patents on the basis of these public information without creative work.
Therefore, invention, utility model or design is essentially a kind of information.
The object of trademark right is trademark. A trademark is a symbol of the source of goods or services. Trademarks establish a specific relationship between goods and services and their manufacturers and suppliers, and directly convey information about the source of goods or services to the public. This information includes who is the producer or provider of goods or services and their business reputation, the quality and reputation of goods or services and so on.
The object of copyright is the work. There are many types of works, but no matter what type of works, the author mainly creates some information for readers.
This information may be exciting, decadent, thought-provoking and so on. A work must be able to spread literary or scientific ideas. It is a carrier of information, not a practical tool and means. People get the information they want from works. Works are just the shell of information, and its essence is still information.
The object of stopping unfair competition right is unfair competition. There are many acts of unfair competition, but the most typical ones are confusion, slander and misleading.
According to the relevant provisions of the Paris Convention, the so-called confusing behavior refers to all behaviors that confuse competitors' business offices, commodities or industrial and commercial activities by any means; Defamation is a false statement that damages the reputation of competitors' business offices, commodities or industrial and commercial activities in business operations.
Misleading behavior refers to the use of representations or statements in business that easily mislead the public about the nature, manufacturing methods, characteristics, applicability or quantity of goods.
The essence of these three kinds of unfair competition behaviors is that operators spread inappropriate, inappropriate or untrue information to the outside world that is not good for themselves, their goods or services, competitors or their goods or services in the course of business operations, thus infringing on competitors' fair competition rights.
The right of trade secret is one of the rights to stop unfair competition, and its object is trade secret. According to the third paragraph of Article 10 of China's Anti-Unfair Competition Law, trade secrets refer to technical information and commercial information that are not known to the public, can bring economic benefits to the obligee, and are practical and kept confidential by the obligee.
The State Administration for Industry and Commerce lists what is technical information and commercial information in Several Provisions on Infringement of Trade Secrets, that is, technical information and commercial information include design, procedure, product formula, production process, production method, management know-how, customer list, supply information, production and marketing strategy, pre-tender estimate and bidding content.
As can be seen from the above provisions, the essence of trade secrets is secret information that meets specific conditions.
Database right is not a legally established concept. The database right used in this paper refers to the copyright enjoyed by database developers or investors, or it can be a special right granted according to the special law on database protection, such as the right given to database developers in the third chapter of the European Directive on the Legal Protection of Database to prohibit others from extracting or reusing it.
The object of database right is database. A database is a collection of data collected for a specific purpose. Database is "database" in English, in which "data" comes from Latin "Lat Datum", which means "data" and "information". Therefore, the more accurate name of the database should be "database" or "information base".
It can be clearly seen from the etymology of the word database that the essence of database is still information.
Baidu Encyclopedia-Intellectual Property Law
Baidu Encyclopedia-Intellectual Property Object