Legal characteristics of intellectual property rights;
1, the object is immaterial
The objects of intellectual property rights are intangible works, inventions and goodwill. It is invisible 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.
(1) Exclusivity comes from different sources. Because intangible things such as works, inventions and creations cannot be possessed like things, it is difficult for people to naturally form the concept that the use of intellectual property rights should be monopolized by creators or creators. On the contrary, the exclusiveness of intellectual property rights comes from the mandatory provisions of law;
(2) Different forms of infringement of exclusivity have different methods to protect exclusivity. The exclusivity of infringing property rights is generally manifested in stealing, robbing, destroying or occupying things in other ways, while the exclusivity of infringing intellectual property rights is generally irrelevant to the material carrier bearing intellectual achievements, which is manifested in the act of controlling the exclusive right of intellectual property rights without the permission of the intellectual property right holder or the lack of special legal provisions;
(3) The restrictions on exclusivity are different. Intellectual property rights are more restricted than property rights. For example, the copyright law stipulates "fair use" and "legal license", which all constitute restrictions on the exclusivity of copyright. In addition, there are timeliness and geographical restrictions.
Step 3 be timely
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. It can only exist through mandatory provisions of the law, and the scope and content of its rights depend entirely on the provisions of domestic laws.
However, different countries have different regulations on the acquisition and protection of intellectual property rights. Therefore, apart from copyright, the intellectual property rights of one country cannot be automatically protected in other countries.