The Civil Code stipulates that the right object of intellectual property is

The object of intellectual property rights is intellectual achievements, which are embodied in inventions, works, trade secrets and databases. If we study these intellectual achievements, we will find that the object of intellectual property refers to the spiritual products created by people in the fields of science, technology and culture, that is, knowledge products. Knowledge products are objects of civil rights that coexist with material products (i.e. things in the sense of civil law).

I. Definition of intellectual property rights

1, intellectual property, is a "collective name legally produced based on creative achievements and industrial and commercial marks".

2. The three main intellectual property rights are copyright, patent right and trademark right, among which patent right and trademark right are also collectively referred to as industrial property rights.

3. intellectual property is "intellectual property" in English, and it is also translated into intellectual property, intellectual property or intellectual property.

Two, 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. Trade secrets;

6. Layout design of integrated circuits;

7. New plant varieties;

8. Other articles prescribed by law. "

Third, the legal characteristics of intellectual property rights.

1. Objects with intangible intellectual property rights are intangible works, inventions and goodwill, which are intangible and must exist on a certain material carrier. The object of intellectual property is the intangible achievement carried or embodied by the intellectual material carrier. This means that obtaining the material carrier does not mean enjoying the intellectual property rights it carries; Secondly, transferring the ownership of the material carrier does not mean transferring the intellectual property rights it carries at the same time; Finally, infringing on the ownership of the material carrier does not mean infringing on the intellectual property rights it carries at the same time.

2. Specific exclusivity. Exclusivity, also known as exclusivity, means that without the permission of the intellectual property owner or the special provisions of the law, others may not carry out acts controlled by the exclusive right of intellectual property, otherwise it will constitute infringement. There are many differences between the exclusiveness of intellectual property rights and the exclusiveness of property rights.

3. timeliness. The temporality of intellectual property rights means that the protection period of most intellectual property rights is limited, and once it exceeds the protection period stipulated by law, it will no longer be protected. Creative achievements will enter the public domain and become public resources that everyone can use; Trademark registration also has legal time effect. If the obligee fails to renew the registration upon expiration, it will also enter the public domain.

4. regionality. Unless there are special provisions in international treaties, bilateral or multilateral agreements, the effectiveness of intellectual property rights is limited to domestic territory. The reason is that intellectual property is a legal right and the product of a country's public policy, which can only exist through the mandatory provisions of the law. The scope and content of their rights also depend entirely on the provisions of domestic laws, and different countries have different provisions on the acquisition and protection of intellectual property rights. Therefore, the intellectual property rights of one country cannot be automatically protected in other countries except copyright.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 123 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.