1. Intellectual property is a specific right that a specific state organ grants specific protection and specific incentives to specific inventions and creations of specific people and identifiable marks that meet specific conditions through specific procedures and according to specific laws. This definition has the following characteristics: nine specificities (specific state organs, specific laws, specific people, specific conditions, specific inventions and identifiable marks, specific procedures, specific protection, specific incentive effects and specific rights) basically cover all the contents of intellectual property rights. [3]
(1) defines the requirements of the subject and object of intellectual property rights. Specific person refers to the original subject and subsequent subject of knowledge products. Specific conditions refer to the "knowledge" and "product" characteristics of knowledge products. Specific inventions and identification marks refer to the last object with the characteristics of "knowledge" and "product".
(2) Clarify the legal basis of intellectual property rights. One of the most striking features of intellectual property rights is the legitimacy and grant of rights, that is, specific rights granted by specific state organs through specific procedures according to specific laws. Intellectual property institutions are state organs that identify, authorize, manage and protect intellectual property rights. In China, there are China National Intellectual Property Administration, the State Trademark Office and the State Copyright Administration. Japan is the franchise hall; The United States is the Patent and Trademark Office; Britain is the patent office. Specific laws are the basis of domestic laws and international laws that produce intellectual property rights. The specific procedure is the process of intellectual property, such as the domestic and international procedure of patent right and the domestic and international procedure of trademark exclusive right. ?
(3) Clarify the particularity of intellectual property rights and its protection. There are differences and connections between intellectual property rights and other substantive rights, and intellectual property rights are the rights of a group or a system. For example, China's copyright law has at least 18 rights. Trademark law infringes 13, and copyright law infringes 19. Therefore, the protection of intellectual property rights is different from other rights, which is more complicated and needs specific judicial organs and specific protection. ?
2. Intellectual property rights are the rights enjoyed by citizens, legal persons or unincorporated units in the fields of science and technology, literature and art according to law. This definition clarifies the following angles, most of which are general definitions of intellectual property rights.
(1) It is clear that the subjects of intellectual property (including original subjects and inheritance subjects) are natural persons, legal persons and unincorporated units. This is also a common expression in China laws and regulations. Citizens are often used in the law, but because citizens (people with a certain nationality) do not cover stateless persons in the copyright law, this definition is expressed by natural persons. Article 2 of the copyright law: the scope of protection includes stateless persons, so this book uses "natural persons".
(2) Defining the object of intellectual property rights. This definition adopts a general description, that is, knowledge products created in science and technology, literature and art, and other fields (besides). This knowledge product is different from ordinary material products and has its own characteristics and laws. Knowledge products are not practical knowledge and experience, but refer to the results of people's intellectual creative labor-intellectual achievements. Its meaning is concrete, such as works, inventions, technologies, trademarks, designs, etc. Only the law can give all people the property right in the legal sense and enjoy the exclusive right and exclusive right to possess, use, benefit and dispose of their intellectual achievements.