English is "intellectual property" and German is "Gestiges Eigentum", both of which mean "knowledge (property) ownership" or "wisdom (property) ownership", also known as intellectual achievement right. In Taiwan Province Province of China, it is called intellectual property. According to the general principles of civil law, intellectual property belongs to civil rights, which is the general term of rights based on creative intellectual achievements and industrial and commercial marks. Some scholars have verified that this word was first put forward by the French scholar Kaptsov in the middle of17th century, and later developed by the famous Belgian jurist picardie.
Intellectual property refers to the exclusive rights enjoyed by citizens or legal persons in intellectual creation or innovation activities according to law, also known as "intellectual achievement right" and "intangible property right", which mainly includes industrial property rights composed of invention patents, trademarks and industrial designs, as well as copyrights (copyrights) composed of works such as natural science, social science, literature, music, drama, painting, sculpture, photography and movies.
Intellectual property is an intangible property right, which refers to the results of intellectual creative labor and the rights enjoyed by intellectual workers according to law.
Such rights are called personal rights and property rights, as well as moral rights and economic rights. The so-called personal right means that the right is inseparable from the person who has made intellectual achievements, and it is a legal reflection of personal relationship. For example, the author's right to sign a work, or the right to publish or modify a work. , is a spiritual right; The so-called property right refers to the right that the obligee can use these intellectual achievements to get remuneration or rewards after they are recognized by law. This right is also called economic right.
The object of intellectual property is the human mind, and the creation of human intelligence belongs to the "intellectual achievement right", which refers to the right enjoyed by spiritual wealth created by all intellectual activities in the fields of science, technology, culture and art according to law.
[Edit this paragraph] Specific explanation
Three meanings of intellectual property:
(1) The object of intellectual property is the intellectual achievement of human beings, which some people call spiritual (intellectual) output. This kind of output (intellectual achievement) also belongs to an intangible property or intangible property, but it is different from intangible property belonging to physical products (such as electricity) and intangible property belonging to rights (such as mortgage and trademark rights). It is the direct product of human intellectual activity (brain activity). This intellectual achievement is not only thought, but also the expression of thought. But it is different from the carrier of thought.
(2) The exclusive use of intellectual achievements by the right subject is similar to the ownership in real right, so it was classified as real right in the past.
(3) The benefits obtained by the obligee from intellectual property rights are both economic and non-economic. These two aspects are combined and inseparable. Therefore, intellectual property rights are different from neighboring rights (mainly non-economic interests) and property rights (mainly economic interests).
Intellectual property rights include: industrial property rights and copyright (called copyright in China).
Industrial property rights consisting of invention patents, trademarks and designs. Industrial property rights include patents, trademarks, service marks, names of manufacturers, names of countries of origin and prevention of unfair competition.
Some main types of industrial property rights:
1. Trademark right refers to the exclusive right granted by national laws to the trademark owner to protect his registered trademark. A trademark is a commercial symbol used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional symbols, color combinations or combinations of the above elements. The acquisition of trademark rights in China must fulfill the trademark registration procedure and implement the principle of first application. Trademark is an identification mark in industrial activities, so the function of trademark right mainly lies in maintaining order in industrial activities, which is different from that of patent right mainly in promoting industrial development.
2. Patent right and patent protection means that an invention-creation is applied to the State Patent Office for a patent, and after being examined and approved according to law, it is granted the exclusive right to the invention-creation within a specified time. After an invention-creation is granted a patent right, the patentee enjoys exclusive rights to his invention-creation. No unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented products for production and business purposes. Without the permission of the patentee, the implementation of his patent will infringe his patent right and cause disputes, which shall be settled by the parties through consultation; Unwilling to negotiate or if negotiation fails, the patentee or interested party may bring a lawsuit to the people's court or request the administrative department for patent affairs to handle it. Patent protection adopts the protection mode of "two-way parallel and judicial guarantee" between judicial and administrative law enforcement. The administrative protection in this area takes the form of patrol law enforcement and joint law enforcement, focusing on cracking down on group infringement, repeated infringement and other phenomena that seriously disturb the patent legal environment.
3. Trade name right. In other words, the manufacturer's name right is the right to use its registered trademark name (manufacturer's name, enterprise name) without interference from others. The trademark right of an enterprise cannot be equated with the right of personal name (a kind of personality right).
In addition, such as the name of origin, know-how and anti-unfair competition are also stipulated in the Paris Convention, but the name of origin is not an intellectual achievement, and know-how and unfair competition can only be protected by the anti-unfair competition law, generally not included in the scope of intellectual property rights.
Natural science, social science, literature, music, drama, painting, sculpture, photography and film works constitute copyright. Copyright refers to the right of a unit or individual to print, publish and sell a work according to law. Anyone who wants to copy, translate, adapt or perform needs permission from the copyright owner, otherwise it will infringe on the rights of others. The essence of intellectual property rights is to treat human intellectual achievements as property. Copyright is the original author of literary, artistic and scientific works, and it is a civil right enjoyed by his works according to law.
Copyright. In China, copyright in a broad sense includes copyright (in a narrow sense), neighboring rights of works, computer software copyright and so on. , which belongs to the scope stipulated by the copyright law. This is the exclusive right of the copyright owner to use the crop (work). In a narrow sense, copyright is divided into the right of publication, the right of signature, the right of modification, the right to protect the integrity of a work, the right to use it and the right to receive remuneration (article 10 of the Copyright Law). Copyright is divided into personal rights and property rights of works. Copyright, patent right and trademark right sometimes overlap, which is a feature of intellectual property rights.
[Edit this paragraph] Characteristics of intellectual property rights
Characteristics of intellectual property rights
(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 have regional characteristics.
(5) The acquisition of intellectual property requires legal procedures.