I. Patent right
(A) the meaning of the patent right
Patent right, referred to as "patent" for short, is a kind of intellectual property right, which is the exclusive right to implement a specific invention and creation within a certain period of time. China promulgated the Patent Law on 1984, and the detailed rules for its implementation on 1985, which made specific provisions on related matters.
(2) the nature of patent right
The nature of patent right is mainly reflected in three aspects: exclusivity, timeliness and regionality.
Exclusivity exclusivity, also known as exclusivity or exclusivity. The patentee enjoys exclusive or exclusive rights to the patent he owns, and no one may use it without his permission or under special circumstances stipulated by law, otherwise it will constitute infringement. This is one of the most important legal features of patent rights (intellectual property rights).
Timeliness and temporality mean that the protection of the patentee by law is not infinite, but limited. Beyond this time limit, it will no longer be protected, and the patent right will immediately become the common wealth of mankind and anyone can use it.
Regionality means that any patent right can only be produced in a certain area and protected by law. This is another important legal feature different from tangible property. According to this feature, the patent right obtained according to the laws of a country is only protected by law in that country, but not in other countries, unless there is a bilateral patent (intellectual property) protection agreement between the two countries, or * * * participates in an international convention on patent protection (intellectual property).
Second, ownership.
(A) the meaning of ownership
Ownership is the right of the owner to possess, use, benefit and dispose of his property according to law. It is the dominant force over the purpose, object, means, methods and results of productive labor. It is a kind of property right, so it is also called property ownership. Ownership is the most important and complete right in real right, which has three characteristics: absoluteness, exclusiveness and sustainability. The specific content includes four rights: possession, use, income and disposal. The difference between property right and ownership is that property right is a big concept, and property right includes ownership. Real estate ownership is only one of the main types of real estate right.
(B) the characteristics of ownership
Ownership has the following characteristics:
First, ownership is absolute. Ownership does not need the positive behavior of others, as long as others do not interfere, everyone can realize their rights by themselves. The subject of obligation of ownership relationship is everyone except the owner, and its obligation is not to illegally interfere with the owner's exercise of rights, which is a specific obligation of omission.
Second, ownership is exclusive. Ownership belongs to real right and is exclusive. The owner has the right to exclude others' interference in the exercise of his power, and there can only be one ownership of the same thing, but not more than two. Of course, the exclusiveness of ownership is not absolute, and the laws of modern countries have different degrees of restrictions on ownership.
Third, ownership is the most complete property right. Ownership is the general and all-round control of the owner's property, with the most comprehensive and sufficient content. It includes not only the possession, use and income of things, but also the final right to dispose of things. Ownership, as the most complete property right, is the source of his property right. In contrast, other real rights, such as the right to use construction land, easement, mortgage, pledge and lien, are only the direct right to control the possession, use and income of things, and only part of the right to enjoy ownership.
Fourth, ownership is flexible. Owners set easements, mortgages and other rights for others on their own property. Although the right of possession, utilization, income and even disposal can be completely or partially separated from the owner, as long as there are no legal facts that undermine the ownership (such as the transfer and loss of property), the owner still maintains the right to control his property and the ownership does not disappear. When other rights set on the property are eliminated and the burden of ownership is lifted, the ownership still returns to its perfect state, that is, the separated power still belongs to the owner, which is called ownership elasticity.
Fifth, ownership is permanent. This means that the existence of ownership is unpredictable during its existence. For example, the parties cannot agree that the ownership is only five years, and the ownership will be destroyed after five years. The agreement of the parties on the term of ownership is invalid. [ 1]
Sixth, ownership is conceptual. Ideality means that the existence of ownership has been conceptualized since modern times, that is, all people don't need to control everything in reality, and an important change has taken place in the concept of "ownership control" from ownership to possession-the concept that the benefits brought by the exercise of ownership are more important than the control of everything is stronger than ever before and belongs to the category of "the concept of realizing benefits for all people". Seventh, equality of ownership. As a private right, ownership's legal status should be the property right of undifferentiated protection. The provisions of Articles 3 and 4 of China's Property Law embody the principle of equal ownership under the socialist market economy system.
Patent right is intellectual property right. Ownership refers to property.