The subject of intellectual property rights

Legal analysis: The subject of intellectual property rights is the owner of the intellectual property rights, including copyright holders, patent rights holders, trademark rights holders, etc. The subject of intellectual property rights can be a natural person, a legal person, an unincorporated organization, or even a country. (1) According to the different ways of acquiring intellectual property rights, the subjects of intellectual property rights are divided into original subjects and successor subjects. The original subject of intellectual property rights refers to the person who enjoys intellectual property rights for intellectual achievements directly in accordance with legal provisions or state administrative authorization and without other basic rights. Different from general property rights, obtaining the original subject qualification of intellectual property rights often requires two conditions: the creative behavior of the creator and the authorization behavior of the state agency.

Legal basis: Article 444 of the "People's Republic of China and Civil Code" if property rights in intellectual property rights such as registered trademark rights, patent rights, copyrights, etc. are pledged, the pledge rights shall be It is established when handling the pledge registration. After the property rights in intellectual property rights are pledged, the pledgor may not transfer or permit others to use them, except where the pledgor and the pledgee agree through negotiation. The price obtained by the pledgor from transferring or permitting others to use the property rights in the pledged intellectual property rights shall be paid off the debt in advance or deposited to the pledgee.