I. Differences between industrial property rights and intellectual property rights
(1) Different emphasis: Industrial property rights refer to the exclusive rights that people enjoy in a certain area and within a certain period of time for intellectual achievements such as inventions and conspicuous signs used in commodity production and circulation. Intellectual property, also known as "ownership of knowledge", refers to "the exclusive right enjoyed by the obligee according to law on the achievements created by his intellectual labor and the marks and reputations in business activities", which is generally valid only for a limited time.
(2) Different functions: Intellectual property is the exclusive right of intellectual labor achievements created by human beings in social practice. With the development of science and technology, in order to better protect the interests of property owners, the intellectual property system came into being and was constantly improved. Industrial property rights are the rights granted by the state to patentees and trademark owners to monopolize, use, benefit and dispose of their patents and trademarks within the validity period. Without the permission of the obligee (under certain circumstances, the compulsory permission of the administrative department), no third party may use it, otherwise, it will constitute infringement.
Second, what are the characteristics of industrial property rights?
Industrial property rights refer to the exclusive rights that people enjoy in a certain region and within a certain period of time according to the intellectual achievements such as inventions and distinctive signs used in commodity production and circulation. Industrial property rights and copyrights are collectively referred to as intellectual property rights. Industrial property rights belong to intangible property rights and have the following characteristics compared with tangible property rights:
(1) exclusivity. Industrial property rights are the rights granted by the state to patentees and trademark owners to monopolize, use, benefit and dispose of their patents and trademarks within the validity period. Without the permission of the obligee (under certain circumstances, the administrative department has compulsory permission), no third party may use it, otherwise, it will constitute infringement;
(2) regionality. The so-called regionality of industrial property rights refers to the geographical restriction of industrial property rights, that is, the industrial property rights recognized and protected by a country's laws are only valid within the country and have no effect on other countries, that is, they have no extraterritorial effect. In order to obtain the protection of this country, we must obtain the corresponding intellectual property rights in accordance with the laws of this country or be protected in accordance with the international treaties signed by * * * *;
(3) timeliness. The so-called timeliness of industrial property rights refers to the duration of industrial property rights, that is, the protection of industrial property rights has a certain duration, which is the validity period of industrial property rights. When the time limit prescribed by law expires, the exclusive right of industrial property rights will be terminated, the obligee will lose the exclusive right, and these intellectual achievements will become social wealth.
3. What are the types of intellectual property rights?
There are two kinds of intellectual property rights: one is copyright, also known as copyright or literary right, and the other is industrial property rights. Intellectual property rights include the connection between copyright and similar copyright. Industrial property rights, including trademark rights, patents, service marks, manufacturers' names and other intellectual property rights, are people's exclusive rights to intellectual achievements according to law. Generally speaking, the state gives creative talents exclusive rights for a certain period of time. Intellectual property is an intangible property right and spiritual wealth, and its object is knowledge and intellectual achievements.
The above is related knowledge about the difference between industrial property rights and intellectual property rights. To sum up, industrial property rights and intellectual property rights have different emphases and specific functions.