The difference between property right and property right
First of all, the so-called real right, as its name implies, refers to the right to directly control tangible property (including movable property and immovable property), excluding intangible property such as inventions or works. Property right includes tangible property right and intangible property right, so the extension of the concept of property right is wider than property right. Secondly, real right is a legal category, and its significance lies in clarifying the legal status of specific property ownership. Grasping property rights from the perspective of economics, its significance lies in how various economic rights are embodied in economic relations and realized in different powers.
The social and economic system established around the relationship or right of property possession is property ownership.
Property ownership is the relationship people have formed with property, including narrow sense of ownership and possession, domination, use and income. The narrow sense of ownership refers to the ownership and ownership of property, which involves the question of who owns the property; Possession refers to the relationship between people's direct mastery, actual control and specific management of property; Domination refers to the relationship between people's final disposal, arrangement and scheduling of property and the direction of its use; Use refers to people changing the relationship with consumption property; Income refers to the relationship that people get corresponding income by possessing, controlling and using property.
In real economic life, property ownership is recognized and protected by formal rules and informal rules, and its legal rights are manifested in narrow sense of ownership, possession, control, use and income respectively. Among them, the first four property rights reflect the rights and functions of the owner, which are collectively called "four rights". The "four rights" plus the corresponding income rights constitute all property rights or property rights.
Property right is the ownership of specific property, which refers to the right to directly control tangible property (including movable property and immovable property), excluding intangible property such as inventions or works. Property right belongs to the category of law, and its significance lies in clarifying the legal status of specific property ownership.
Comparison between intellectual property rights and property rights
The relationship between intellectual property rights and property rights is:
1, both of which are property rights in civil rights. Intellectual property rights and property rights reflect the property relationship between equal civil subjects, so they both have the attributes of civil rights.
2. Both are absolute rights (or rights to the world). Absolute right refers to the right that the debtor is not specific and the creditor can realize it without some active assistance from the debtor. Therefore, the claim system of absolute right protection can be applied to all protection methods such as stopping infringement and preventing infringement.
3. Both are legal. Property rights and intellectual property rights are rights stipulated by law, and the parties may not establish property rights or intellectual property rights that are not stipulated by law.
The difference between intellectual property rights and property rights lies in:
1, the object of rights is different. The object of real right is mainly tangible things, including movable property and immovable property, and other objects of real right can also include rights. The objects of intellectual property rights are creative intellectual achievements and industrial and commercial signs.
2. Property rights can generally dominate the object through factual possession, while intellectual property rights must rely on legal protection. 3. In terms of exclusivity and exclusivity, intellectual property rights are weaker than property rights. In order to balance the interests of intellectual property rights holders and the public, the law specifically stipulates some restrictions on intellectual property rights, but there is no such special restriction on property rights. When there is a conflict between intellectual property rights and property rights, intellectual property rights must give way to property rights.
4. The protection period is different. The term of protection of property rights coincides with its natural life, while intellectual property rights have a clear term of protection. When the protection period expires, this right will be extinguished.
5, the different provisions of the value. Property rights depend on human labor and social necessary labor time, while intellectual property rights depend on continuous needs and people's use of it.
6. Property rights have priority and traceability, while intellectual property rights do not. The so-called priority means that in the same thing, when property rights and creditor's rights coexist, property rights take precedence over creditor's rights, and when several property rights coexist, the right established first takes precedence over the right established later. The so-called traceability means that no matter who the object of real right flows into, the owner of real right can trace it back and get it back. 7. In terms of protection methods, property rights can be restored to the original state and returned to the original object, but intellectual property rights cannot adopt these two methods.
Property right and intellectual property right are both private rights and civil rights in civil law. Chapter 5 of the General Principles of Civil Law of China? Civil rights? Part of it is dedicated to a section? Intellectual property? It can be seen that intellectual property is a civil right. Intellectual property belongs to civil rights because the social relationship it reflects and adjusts is the property relationship and personal relationship between citizens and legal persons as equal subjects, so it has the most essential characteristics of civil rights. The occurrence, exercise and protection of intellectual property rights apply to all basic principles of civil law and almost all civil norms. If the civil norms and systems are removed and divorced from the basic principles of civil law, the intellectual property system will be unrecognizable and cannot survive. At the same time, it is also the basis of international coordination. WTO Agreement on Trade-Related Aspects of Intellectual Property Rights? Foreword? Some requirements? All members recognize that intellectual property rights are private rights? . This is a principle of * * * knowledge, and only on the basis of recognizing this article can members coordinate. Property right is the right of natural persons and legal persons to directly control real estate and movable property. Intellectual property rights are people's exclusive rights to their creative intellectual achievements according to law. Compared with the nature of property rights and intellectual property rights, each has its own particularity, which is the reason why they constitute different civil rights, which leads to the formation of different types of civil rights.
1. Property right is tangible property right and intellectual property right is intangible property right.
Property law takes it as its duty to standardize the property ownership relationship and ensure the order of property ownership. Property refers to tangible movable property and immovable property, and this is the most important feature of intellectual property? Invisible? Make love. This feature distinguishes it from all tangible property and people's rights to tangible property. As tangible property, the owner of the computer exercises the rights of selling and renting, and the object is the computer itself, that is, the tangible object itself. As an intangible property, patent right may be the manufacture of patented products when the obligee exercises the right of transfer? Manufacturing rights? It may also be the right to use the trademark, but it is not the patented product itself, nor the product with the trademark itself.
Due to invisibility, the possibility of infringement by users other than the owner of the subject matter is much higher than that of users of tangible property. At the same time, it also makes intellectual property rights holders? Shop around? Or? Two marriages for one woman? . It is impossible for a real estate owner to sell his property rights to two independent buyers at the same time. The patentee can sell his patent right to two (or even more than two) different buyers at the same time. As long as these buyers are still in the market. Meet? You may never know what you spent? Buy a patent? That is, the money for transferring patents, and all you actually get is? Non-exclusive license? .
Because? Invisible? This feature, the acquisition, holding, nature and scope of intellectual property and the handling of infringement are very different from tangible property, and there are also differences among various departments within intellectual property, which requires special legal provisions.
Second, the exclusiveness of property rights and intellectual property rights.
Property rights and intellectual property rights are exclusive. The exclusiveness of intellectual property belongs to the owner, just like tangible property. Under normal circumstances, no one else may use it without the permission of the obligee. However, in a country, two identical items can be owned by two different obligees at the same time without interfering with each other. But two identical patents or trademarks cannot belong to two different obligees at the same time. If such a right is given to one person, it cannot be given to another. If two people have completed exactly the same invention and creation, only one of them can get the patent right if they apply separately. The patentee has the right to exclude others from licensing or transferring his invention-creation to a third person, and the rest is another person? Priority use right? . This is determined by the intangibility of the object of intellectual property. When intellectual property enters the public domain, the exclusive right is lost.
Third, the regionality of property rights and intellectual property rights.
Regionality generally refers to a sovereign country. Intellectual property rights are generally granted by government departments in accordance with domestic laws and are only valid within the national scope. This is very different from tangible property. Tangible property shall be governed by the law of the place where the property is acquired or the law of the place where the property is located; Intellectual property rights are governed by the law of the place where the right is registered or the law of the place where the right is claimed. Ordinary tangible property, such as clothes, jewelry and even cars, will not lose ownership even if you go abroad. However, intellectual property rights are different, and domestic intellectual property rights are invalid when they leave the country. Therefore, if the obligee wants to enjoy some intellectual property rights in other countries, he needs to apply for or register in that country according to the laws of other countries, and the application must be approved by the competent authorities of that country before the applicant can obtain some intellectual property rights.
Fourth, the timeliness of property rights and intellectual property rights.
Property right and timeliness of intellectual property right. No matter what intellectual property rights are, the laws of various countries have stipulated the time limit. The term of some rights is not allowed to be extended. Once it expires or the creditor gives up in advance, the right will terminate. Some rights are allowed to be renewed, even indefinitely (such as trademarks), but if they are not renewed, the rights will be terminated. As for tangible property, as long as things exist, rights also exist, and there is no statutory time limit. As for the decrease in the value of objects over time, that is another problem. What about tangible property ownership? Eternity , based on attributes? Target? The existence of the premise has nothing to do with the ownership and transfer of intellectual property rights.
Verb (abbreviation of verb) Reproducibility of intellectual property rights
Intellectual property rights can become property rights because these rights can be embodied in the copying activities of some products, works or other items after being used. In other words, the object of this right can generally be copied by something tangible. For example, the patentee's patent must be embodied in the reproducible product, so as to realize his own rights and judge whether others infringe. Another example is to make products according to drawings, construct them according to certain methods, and reproduce literary and artistic works by printing, photocopying and making CDs. Material properties do not have such characteristics. The imitation of tangible objects is essentially the modeling of tangible objects, that is, the copy of their design, and it is still essentially the copy of the information conveyed by modeling.
In short, property rights and intellectual property rights belong to different civil rights, each with different nature. Only by comparing their attributes can we correctly understand their attributes, better utilize and protect property rights and intellectual property rights, and make them play a greater role.
Main characteristics of real right
Property right is dominance.
Real right is a right directly controlled by the obligee, that is, the obligee can directly exercise his rights on the subject matter according to his own will, without interference from the will of others or the debtor's behavior.
Property right is an absolute right.
(World Rights)
There is only one right subject of real right, the obligee is specific, the obligor is an unspecified third person, and the content of obligation is inaction, that is, as long as it does not infringe on the obligee's exercise of rights, real right is absolute right.
Property right is property right.
Property right is a kind of right with material content, which is directly reflected in property interests. Property interests include the use of things, the ownership of things and the guarantee based on the value of things, which is opposite to personal rights.
The object of real right is thing.
The object of real right is material, and it is mainly material.
Property rights are exclusive.
First of all, the owner of real right can resist all unspecified people, so real right is a right to the world; Secondly, property rights with incompatible contents are not allowed to coexist in the same thing (the most typical thing is that one thing cannot have two ownership rights, but one ownership right and several mortgages can coexist at the same time), that is, "one thing has one right". (It should be noted that in the * * * relationship, only a few * * * people * * enjoy the same ownership, not to say that there are several ownership rights in one thing. In the real right for security, more than two mortgages can be established on the same thing, but the order of effect is different. Therefore, the relationship between * * * and the existence of more than two mortgages are not contradictory to the exclusiveness of real rights. )
(6) As an absolute right, real right must be open. Therefore, property rights must be publicized.
(7) The establishment of real right adopts legalism.
(8) Property right has priority effect, which is also called the priority of property right.
I guess you like it.
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