1, intellectual achievement is the object. It can be seen that the object of intellectual property has no material form and is a spiritual product. This is the main feature that intellectual property rights are different from property rights, creditor's rights and personal rights. Patent right, copyright right, trademark right, trade secret right, new plant variety right and trade name right all belong to the category of intellectual property rights.
2. exclusivity. That is, intellectual achievements with exclusive intellectual property rights shall not be infringed upon by others. In essence, monopoly can also be said to be a feature of intellectual property rights.
3. regionality. It means that intellectual property rights are only valid within the geographical scope of a specific country or region and have no extraterritorial effect. If a country's intellectual property rights are to be protected by other countries' laws, it must be handled in accordance with relevant international treaties, bilateral agreements or the principle of reciprocity.
4. timeliness. It means that intellectual property rights have a legal protection period. After the expiration of the protection period, intellectual property rights disappear, and intellectual achievements enter the public domain, and people can use them freely. However, after the trademark right expires, the protection period can be extended through renewal; There is no time limit for a few intellectual property rights, such as trade secrets.
Intellectual property rights have three most obvious legal characteristics:
1. The regionality of intellectual property rights, that is, except for signing international conventions or bilateral and multilateral agreements, the rights obtained according to the laws of a country can only be valid within the territory of that country and protected by the laws of that country.
2, the exclusiveness of intellectual property rights, that is, only the obligee can enjoy, without the permission of the obligee, others may not exercise their rights.
3, the timeliness of intellectual property rights, the laws of various countries have stipulated a certain period of time for intellectual property rights, and the rights will automatically terminate after the expiration.
Legal basis:
Copyright law of the people's Republic of China
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In order to protect the copyright of authors of literary, artistic and scientific works and their rights and interests related to copyright, encourage the creation and dissemination of works beneficial to the construction of socialist spiritual civilization and material civilization, and promote the development and prosperity of socialist culture and science, this Law is formulated in accordance with the Constitution.
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The term "works" as mentioned in this Law refers to intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science, including:
(1) Written works;
(2) Oral works;
(3) Music, drama, folk art, dance and acrobatic works;
(4) Artistic and architectural works;
(5) Photographic works;
(6) Audio-visual works;
(seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;
(8) Computer software;
(9) other intellectual achievements that meet the characteristics of the work.