Intellectual property is essentially an intangible property right, the object of which is intellectual achievements or knowledge products, intangible property or spiritual wealth without form, and labor achievements created by creative intellectual labor. Intellectual property, like tangible property such as houses and automobiles, is protected by national laws and has value and use value. The value of some major patents, well-known trademarks or works is much higher than tangible property such as houses and cars.
Inventors and creators enjoy exclusive rights to the intellectual property rights in the fields of science and technology, literature and art. Its scope includes patents, trademarks, copyrights and related rights, integrated circuit layout design, geographical indications, new plant varieties, trade secrets, traditional knowledge, genetic resources and folk literature and art, etc. Intellectual property rights provide legal protection for the rights and interests of people who have completed intellectual achievements, and mobilize people's enthusiasm and creativity in scientific and technological research and literary and artistic works.
Intellectual property provides a legal mechanism for the popularization, application and dissemination of intellectual achievements, and transforms intellectual achievements into productive forces and applies them to production and construction, resulting in huge economic and social benefits. Intellectual property rights provide legal norms for international economic, technological, trade and cultural and artistic exchanges, and promote the progress of human civilization and economic development. As an important part of modern civil and commercial law, the legal system of intellectual property rights is of great significance to perfecting China's legal system and building a country ruled by law.
1. What right does intellectual property belong to?
(1) patent right
1. Definition of patent right: A patent right is the right granted to an inventor or unit to monopolize, use and dispose of an invention-creation achievement according to law.
2. The subject of patent right: the person who has the right to file a patent application and patent right and undertake corresponding obligations, including natural persons and legal persons.
3. Objects of patent right: inventions, utility models and designs.
4. The rights of the patentee: the exclusive right to use, the right to license, the right to transfer, the right to give up and the right to mark.
5. Obligations of the patentee: the obligation to exploit the patent and the obligation to pay the annual fee.
(2) Trademark right
1. Definition of trademark right: A trademark is a mark specially designed and consciously placed on the surface of a commodity or its packaging to help people distinguish different commodities. Trademark right refers to the exclusive right to use a trademark enjoyed by the trademark user according to law.
2. Subject of trademark right: the legal person or natural person who applied for and obtained the trademark right.
3. The object of trademark right: a trademark protected by the Trademark Law is a registered trademark, including a commodity trademark and a service trademark, after being approved and registered by the State Trademark Office.
4. Rights of trademark owners: right to use, right to prohibit, right to transfer and right to license.
5. Obligation of the trademark owner: guarantee the quality of the goods using the trademark, and have the obligation to pay the prescribed fees.
(3) Copyright
1. Definition of copyright: Copyright, also known as copyright, is the exclusive right enjoyed by citizens, legal persons or unincorporated units for their own literary, artistic, natural science and engineering technical works according to law.
2. Subject of copyright: refers to the copyright owner, that is, the copyright owner. Including authors, successors of copyright, legal persons or unincorporated units and countries.
3. The object of copyright refers to various works protected by copyright. Works that can enjoy copyright protection involve literary, artistic and scientific works, which are intellectual achievements created by the author and fixed in some form and can be copied.
4. Personal rights and property rights. Personal rights include the right to publish, the right to sign, the right to modify and the right to protect the integrity of works. Property rights include the right to use and the right to receive remuneration.
Second, what is intellectual property?
Intellectual property rights are "the collective name of rights based on creative achievements and industrial and commercial marks".
Three. What is intellectual property license?
Intellectual property license includes copyright license, patent license and trademark license.
Legal basis:
Article 123 of the Civil Code of People's Republic of China (PRC) * * * Civil subjects 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.