Industrial property rights are also called "industrial ownership". Internationally used legal terminology. The collective name for the ownership of invention patents, utility models, designs, and trademarks. Some national laws and international treaties also include rights to service marks, trade names, designations of origin and appellations of origin, as well as rights to suppress unfair competition (most commonly patent-based rights). This right applies not only to industry itself, but also to commerce, agriculture, mining, extraction and all manufactured or natural products, such as alcohol, grains, tobacco, fruits, livestock, mineral products, mineral water, flowers and flour, etc. . It is an "exclusive right" with strict geographical and temporal nature, that is, the rights obtained according to the laws of a country can only be valid within the territory of that country within a certain period of time. If you want to be recognized and protected in other countries, you must go through the legal procedures of that country. In order to consolidate the rights of industrial property and protect the interests of exclusive rights, the state can use trademark law to provide for the registration of industrial products and any other goods.
Extended information
Intellectual property rights include industrial property rights and copyrights. Industrial property rights mainly include patent rights, trademark rights, and geographical indications.
Intellectual property rights refer to The law gives people an exclusive right to their intellectual achievements within a certain period and territory. It has broad and narrow sense. Intellectual property rights in a broad sense include copyrights, trademark rights, patent rights, discovery rights and other rights to scientific and technological achievements (as stipulated in my country's General Principles of Civil Law); intellectual property rights in a narrow sense include copyrights, trademark rights and patent rights, excluding discoveries. rights and scientific and technological achievements rights. Generally speaking, when talking about intellectual property rights, most of them refer to intellectual property rights in a narrow sense.
Intellectual property rights are intangible property rights, which are different from tangible property rights in many ways. The main difference is that the transfer of intellectual property rights and precedents often do not result in the transfer or consumption of related things. The transfer and exercise of tangible property rights will inevitably manifest as the transfer and consumption of things. It is precisely because of the difference between intangible property and tangible property that the characteristics of intangible property rights are determined: exclusiveness, regionality, and timeliness.
The exclusivity of intellectual property refers to an exclusive and exclusive right of the right holder, which is granted by law. For example, if A and B independently discover a technical solution, and A applies to the patent office for approval before B, it is impossible for B to obtain a patent, and if B wants to implement this patented technology, he must obtain A's consent. Otherwise, it is patent infringement. The right holder can exercise this right himself or transfer it to others to exercise and obtain compensation for it.
The regional nature of intellectual property rights means that the spatial effect of intellectual property rights is not unlimited and is only protected by the laws of that region in the country or region that is legally recognized. Other countries have no obligation to protect this right. If a certain country or several countries need to protect their intellectual property rights, they must apply according to the laws of these countries, and only after review and approval can they receive legal protection.
The temporal nature of intellectual property means that intellectual property is not an eternal right. It can only be protected within a statutory period. After the statutory period expires, this right will be extinguished and the intellectual achievement will be extinguished. It becomes the common wealth of the whole society and can be used by anyone for free.
Industrial property rights are the collective name for patent rights and trademark rights. Industrial property rights and copyrights are collectively referred to as intellectual property rights.
Intellectual property rights include industrial property rights and copyrights. Industrial property rights mainly include patent rights, trademark rights, and geographical indications.
The term industrial property rights first appeared in the French Patent Law in 1791 . Prior to this, both Britain and France called patent rights privileges or monopoly rights. Debuvora, the drafter of the French Patent Law at that time, believed that using words like privilege or monopoly would be opposed by the Legislative Assembly and the anti-feudal French people, so he proposed the concept of "industrial property rights".
The Paris Convention for the Protection of Industrial Property formulated in 1833 also adopted this term, and the term industrial property has now become an internationally used term.