The sources of intellectual property law are generally divided into two categories, specifically laws and international treaties.
Each country has its own legal system to protect intellectual property rights. These laws include patent law, trademark law, copyright law, etc. These laws stipulate the scope of protection of intellectual property rights, the rights and interests of right holders, and sanctions for illegal activities. These laws are usually enacted 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 of these is the World Intellectual Property Organization Convention (WIPO Convention), which establishes the World Intellectual Property Organization (WIPO) and stipulates international protection standards and procedures for intellectual property rights. In addition to the WIPO Convention, 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.
Both these two types of origins form the basis of modern intellectual property law, which aims to promote innovation, protect the rights and interests of creators, and promote international cooperation and exchanges.
Legal characteristics of intellectual property rights:
1. Intangible property rights;
2. Confirmation or grant must be directly stipulated by special national legislation;
< p>3. Duality: It has the nature of a certain personal right (such as the right to sign) and contains the content of property rights. However, trademark rights are an exception, and only protect property rights, not personal rights;4. Exclusiveness: Intellectual property rights are exclusive to the rights holder. No one other than the right holder can enjoy or use this right without the consent of the right holder or special provisions of the law;
5. Regionality: knowledge recognized and protected by the laws of a certain country Property rights only have legal effect within the country;
6. Timeliness: The law stipulates a certain protection period for the protection of 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 that are inseparable from the person of the person who creates the results of intellectual activity, such as: right of signature, right of publication, right of modification, etc.; property rights in intellectual property rights refer to the rights of the person who enjoys intellectual property rights based on this intellectual activity. The right to receive remuneration or other material benefits for the results achieved.
2. According to the different results of intellectual activities, intellectual property rights can be divided into copyrights, trademark rights, patent rights, invention rights, discovery rights, etc. Regarding the above-mentioned intellectual property rights, Section 3 of Chapter 5 of China’s General Principles of Civil Law has made clear provisions.