Every country has its own legal system to protect intellectual property rights. These laws include patent law, trademark law, copyright law and so on. These laws stipulate the scope of protection of intellectual property rights, the rights and interests of obligees and the sanctions for illegal acts. These laws are usually formulated by the national legislature and revised and improved according to the needs of the country.
In order to promote the protection and cooperation of global intellectual property rights, countries have signed a series of international treaties. The most important one is the World Intellectual Property Organization Convention (WIPO Convention), which established the World Intellectual Property Organization (WIPO) and stipulated the international protection standards and procedures of intellectual property rights. In addition to WIPO conventions, there are other important international treaties, such as the Paris Convention and the Berne Convention, which provide cooperation frameworks and rules for countries in the field of intellectual property.
These two sources form the foundation of modern intellectual property law, aiming at promoting innovation, protecting the rights and interests of creators and promoting international cooperation and exchanges.
Legal characteristics of intellectual property rights;
1, intangible property right;
2. Confirmation or award must be directly stipulated by special national legislation;
3. Duality: both the nature of some personal rights (such as the right to sign) and the content of property rights. But the trademark right is an exception, which only protects property rights and does not protect personal rights;
4. Appropriateness: Intellectual property is the exclusive right of the right subject. Without the consent of the obligee or special provisions of the law, no one except the obligee may enjoy or use the right;
5. Regionality: Intellectual property rights recognized and protected by a country's laws have legal effect only within the country;
6. Timeliness: the law stipulates a certain period of protection for intellectual property rights, and intellectual property rights are valid within the statutory period.
Classification of intellectual property rights
1. From the content of rights, intellectual property rights include personal rights and property rights. Personal rights in intellectual property rights are exclusive rights inseparable from the person of the creator of intellectual activities, such as the right of signature, the right of publication, the right of revision, etc. The property right in intellectual property rights refers to the right of people who enjoy intellectual property rights to receive remuneration or other material benefits based on the results of such intellectual activities.
2. According to the different results of intellectual activities, intellectual property rights can be divided into copyright, trademark right, patent right, invention right and discovery right. For the above-mentioned intellectual property rights, China's "General Principles of Civil Law" has been clearly stipulated in the third section of Chapter V.