1. Intellectual property is an intangible property.
2. Intellectual property rights are exclusive.
3. Intellectual property rights have the characteristics of timeliness.
4. Intellectual property rights are regional.
The acquisition of most intellectual property rights requires legal procedures. For example, the acquisition of trademark rights requires registration.
(2) Exclusivity
That is, exclusiveness or monopoly; Without the consent of the creditor or the law, no one except the creditor may enjoy or use this right. This shows that the exclusive right of the obligee is strictly protected from infringement by others. Only through legal procedures such as "compulsory license" and "expropriation" can the exclusive right of the obligee be changed. The object of intellectual property is the intellectual achievement of human beings, which is neither a person nor a personality, nor something tangible or intangible outside, so it can neither belong to personality rights nor property rights. On the other hand, intellectual property is a complete right, but the interests as the content of the right are both economic and non-economic, so it cannot be said that intellectual property is a combination of the two types of rights. For example, copyright is the combination of personal rights (or personality rights or spiritual rights) and property rights, which is wrong. Intellectual property is a kind of right with complex content (multiple functions), economy and non-economy. Therefore, intellectual property rights should be juxtaposed with personality rights and property rights and form a class of their own.
(3) regionality
That is, it is only valid in the confirmation and protection zone; That is to say, unless an international convention or bilateral reciprocal agreement is signed, the rights protected by a country's laws will only take legal effect in that country. Therefore, intellectual property rights are both regional and international under certain conditions.
(4) timeliness
In other words, it is only protected for a specified period of time. In other words, the protection of various rights by law has a certain period of validity, and the length of the protection period can be the same or different. Only by participating in international agreements or making international applications can a certain right be uniformly protected.
(5) It is an absolute right.
In some respects, it is similar to the ownership in real right, such as the right to directly control things, which can be used, benefited, disposed of and controlled by other kinds (but there is no possession problem); Exclusive; Transferability (including inheritance), etc.
(vi) Legal restrictions
Although intellectual property is a private right, although the law also recognizes its exclusiveness, it is not suitable for anyone to monopolize for a long time because of the high publicity of human intellectual achievements and the close relationship with the development of social culture and industry. Therefore, 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 publicity methods. For example, the occurrence of patent rights requires application and examination and approval. There are various conditions for the invention, utility model and design to be granted patent rights (Articles 22 and 23 of the Patent Law), but some matters are not granted patent rights (Article 25 of the Patent Law). Although there are no restrictions on the application, examination and registration of copyright, there are also restrictions in Articles 3 and 5 of the Copyright Law. Second, the law has special provisions on the term of rights. This is a big difference between intellectual property and ownership. Third, the obligee has a certain obligation to use or implement. The law provides for compulsory license or compulsory license system. For copyright, the law also stipulates a fair use system.
(7) Legal characteristics
Legally speaking, intellectual property rights have three most obvious legal characteristics: first, the regionality of intellectual property rights, that is, except for signing international conventions or bilateral and multilateral agreements, rights obtained according to the laws of a country can only be valid within the territory of that country and protected by the laws of that country; The other is the exclusiveness of intellectual property rights, that is, only the obligee can enjoy it, and others cannot exercise their rights without the permission of the obligee; The third is the limitation of intellectual property rights, and the laws of various countries have stipulated a certain period of time for intellectual property rights, after which the rights will automatically expire. "Intellectual property rights refer to the exclusive rights enjoyed by citizens, legal persons or other organizations on the intellectual achievements of creative labor, which are protected by law and inviolable."
legal ground
Article 123 of the General Principles of Civil Law stipulates that civil subjects shall enjoy intellectual property rights according to law. Intellectual property rights are the exclusive rights enjoyed by the obligee to the following objects according to law:
(1) works;
(2) Inventions, utility models and designs;
(3) Trademarks;
(4) Geographical indications;
(5) Business secrets;
(6) Layout design of integrated circuits;
(7) New plant varieties;
(8) Other objects prescribed by law.