Intellectual property law refers to the general term for the legal norms that regulate social relations arising from activities such as the ownership, exercise, management and protection of intellectual property. The comprehensive and technical characteristics of intellectual property law are very obvious. In intellectual property law, there are both private law norms and public law norms; there are both substantive law norms and procedural law norms. However, in terms of the ownership of the legal department, intellectual property law still belongs to civil law and is a special law of civil law.
(1) The Civil Code governs and supports intellectual property law.
1. First of all, the Civil Code can provide the theoretical background and institutional foundation for intellectual property law. The civil application of intellectual property law takes civil law as the institutional background and foundation. Although intellectual property has its own unique concepts and systems, and is highly self-consistent in terms of legal adjustment and specific application, it cannot be completely self-sufficient and should still be guided and guided by the basic spirit and principles of civil law. In particular, "Basic principles are the basic norms that civil subjects should follow when engaging in civil activities and judicial organs conduct civil judicial activities." The basic principles of civil law apply to intellectual property law.
2. Secondly, civil law has supplementary application value. The civil law system can be invoked to supplement the application of intellectual property law when it does not conflict with intellectual property legislative policies. For example, if there is no civil liability method provided for in the Intellectual Property Law, the provisions of the Civil Code may apply. If the misuse of intellectual property rights constitutes infringement, it usually no longer constitutes intellectual property infringement, and the general provisions on infringement liability may apply.
(2) The applicable boundary between the Civil Code and intellectual property law.
1. First of all, intellectual property rights are the product of balancing rights and public domain. The other side of intellectual property is the public domain, public space or public interests (collectively referred to as the public domain in this article). Intellectual property is the product and result of the demarcation between rights and the public domain, and between intellectual property and the public domain In terms of the relationship between domains, intellectual property rights are the exception and public domain is the principle. The granting of intellectual property rights under certain conditions or within a certain period of time is to achieve policy goals such as stimulating innovation. Under normal circumstances, the types of legal rights and types of infringement tend to be statutory. The purpose is also to demarcate the boundaries between intellectual property rights and the public domain, leaving sufficient space for freedom of innovation, freedom of competition, etc. Therefore, the creation of intellectual property rights fully reflects the nature of public policy. For example, one of the guiding principles for drafting the "Interpretation on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Disputes (II)" (hereinafter referred to as "Patent Judicial Interpretation II") is to "adhere to the principle of balance of interests", that is, "clarify patent rights" The legal boundary with other civil rights not only protects the legitimate rights and interests of right holders, encourages invention and creation, but also avoids inappropriate expansion of patent rights, compresses the space for innovation, and damages the interests of the public and the legitimate rights and interests of others."
2. Secondly, the specific definitions of various types of intellectual property rights usually have corresponding flexibility. Infringement judgment standards such as trademark similarity and product similarity, equivalent infringement, and substantial similarity of works have corresponding flexibility in specific definitions or interpretations, which means they have strong room for policy choices and discretion. In specific applications, Policy goals such as stimulating innovation also need to be followed.
Legal basis:
"The People's Republic of China and the Civil Code"
Article 123 Civil subjects enjoy intellectual property rights in accordance with the law.
Intellectual property rights are the exclusive rights enjoyed by obligees in accordance with the law with respect to the following objects:
(1) works;
(2) inventions, utility models, Design;
(3) Trademark;
(4) Geographical indication;
(5) Trade secret;
(6) ) Integrated circuit layout design;
(7) New plant varieties;
(8) Other objects specified by law.