1, the original acquisition of intellectual property rights can only be based on the identity and qualification of the creator, and it is conditional on national recognition or grant. Original acquisition refers to the first generation of property rights or the acquisition of property rights without causing the rights of the original owner.
2. Derivative acquisition of intellectual property rights is often incomplete or limited, which will lead to several rights holders sharing the benefits of the same product.
In the theory of civil law, the difference between derivative acquisition and original acquisition lies in two standards: the characteristics of will. Source of rights.
3. Intellectual property law mainly pursues the principle of "conditional national treatment" for foreigners' subjective qualifications.
The principle of national treatment is the basic principle of the international intellectual property system. This principle generally has two meanings: first, in terms of intellectual property protection, the members of international conventions must legally give the nationals of other member States the same treatment as their own nationals; Second, for nationals of non-member countries, as long as their works are first published in that country (copyright law); Or have a fixed residence in China, or have a business place to actually engage in industrial and commercial activities (industrial property law), they should also enjoy the same treatment as nationals of member States.