Characteristics of intellectual property
(1) Intellectual property is a kind of intangible property
(2) Intellectual property has the characteristics of exclusivity
(3) Intellectual property rights have temporal characteristics
(4) Intellectual property rights have regional characteristics
(5) Obtaining intellectual property rights requires legal procedures
■Exclusiveness, that is, exclusivity or monopoly; no one other than the right holder may enjoy or use the right except with the consent of the right holder or as required by law. This indicates that the rights holder’s exclusive or monopolized exclusive rights are strictly protected from infringement by others. Only through legal procedures such as "compulsory licensing" and "expropriation" can the exclusive rights of the right holder be changed. The object of intellectual property is the intellectual achievement of a person, not a person or personality, nor an external tangible or intangible object, so it cannot belong to either personality rights or property rights. On the other hand, intellectual property rights are a complete right, but the interests that are the content of the rights are both economic and non-economic. Therefore, intellectual property rights cannot be said to be a combination of the two types of rights. For example, it is wrong to say that copyright is a combination of personal rights (or moral rights, moral rights) and property rights. Intellectual property rights are rights with relatively complex content (multiple rights) and both economic and non-economic aspects. Therefore, intellectual property rights should stand side by side with personality rights and property rights and form a category of their own.
■Regional, that is, it is only valid within the recognized and protected region; that is, except for international conventions or bilateral reciprocal agreements, a certain right protected by the law of a country is only within the scope of that country. takes legal effect within. Therefore, intellectual property rights are both regional and, under certain conditions, international.
■Temporal, that is, protection is only within a specified period. That is to say, the legal protection of various rights stipulates a certain period of validity. The length of the protection period may or may not be the same in the laws of various countries. Only when participating in an international agreement or making an international application can a certain right be unified. Protection period.
■Intellectual property rights are absolute rights, which are similar to ownership in property rights in some respects, such as the right to directly control the object, which can be used, benefited from, disposed of, and controlled by others (but not occurrence of possession issues); exclusivity; transferability (including inheritance), etc.
■Intellectual property rights are restricted by law in several ways. Although intellectual property rights are private rights, and although the law also recognizes their exclusive exclusivity, because people's intellectual achievements are highly public and closely related to the development of society, culture and industry, they should not be monopolized by anyone for a long time. , so the law stipulates many restrictions on intellectual property rights:
△First, from the perspective of the occurrence of rights, the law stipulates various positive and negative conditions and methods of publicity. For example, the occurrence of patent rights must be subject to application, examination and approval. There are various conditions for inventions, utility models and designs that are granted patent rights (Articles 22 and 23 of the Patent Law). Patent rights are not granted for certain matters. (Article 25 of the Patent Law). Although there are no restrictions on application, examination, or registration for copyright, there are restrictions under Articles 3 and 5 of the Copyright Act.
△Second, the law has special provisions on the duration of rights. This is the big difference between intellectual property and ownership.
△Third, the right holder has certain obligations to use or implement. The law provides for a compulsory licensing or compulsory enforcement licensing system. Regarding copyright, the law also provides for a fair use system.