The object of intellectual property rights

Legal analysis:

1, the object of intellectual property is intellectual achievements and commercial marks without material form. This is why intellectual property rights are different from property rights. Specifically, the object of copyright is a work, the object of patent right is an invention and the object of trademark right is a trademark.

2. Exclusivity, also known as monopoly, means that there can only be one intellectual property right on the same intellectual achievement or business mark. For example, if two or more people make the same invention, only one person can be granted a patent right; If two people apply for the registration of a trademark for the same commodity with the same or similar marks, the Trademark Office can only register one of them, but not both.

3. regionality. Regionality has two meanings: first, intellectual property rights are only valid within the geographical scope of the specific country or region where they are produced, and this regionality gradually disappears with the international protection of intellectual property rights; Secondly, the authorization and transfer of intellectual property rights are related to regions. That is, the authorization and transfer of intellectual property rights must be clear about the geographical scope, and only a specific geographical area is authorized to exercise intellectual property rights, so it is an infringement for the licensee to exercise intellectual property rights beyond that geographical scope.

4. timeliness. All intellectual property rights have a certain period of time. After this time, the intellectual achievements protected by intellectual property rights will enter the public domain and be enjoyed by all mankind, and anyone can use them for free. However, the limitation of trademark right is purely based on management needs, and the trademark owner can continue to renew it.

Legal basis:

Article 123 of the Civil Code of People's Republic of China (PRC) * * * Civil subjects enjoy intellectual property rights according to law. 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; (7) New plant varieties; (8) Other objects prescribed by law.

Derivative problem:

Is the right to use the object of intellectual property?

The objects of intellectual property rights include works, inventions and trademarks. The right to use does not belong to the category and object of intellectual property. Article 123 of the Civil Code of People's Republic of China (PRC) * * * Civil subjects enjoy intellectual property rights according to law.

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; (7) New plant varieties; (8) Other objects prescribed by law.