The basic characteristics of intellectual property rights are as follows:
1. Intellectual property is people's ownership of intellectual achievements obtained by creative labor;
2. Intellectual property is an exclusive right with the exclusive right of implementation as its core;
3. Intellectual property rights are regional;
4. Intellectual property rights are temporary.
Intellectual property:
1, patent right
(1) Definition of patent right: A patent right is the right granted to an inventor or a unit to monopolize, use and dispose of an invention-creation achievement according to law;
(2) Subject of patent right: the person who has the right to file a patent application and patent right and undertake corresponding obligations, including natural persons and legal persons;
(3) Objects of patent right: inventions, utility models and designs;
(4) The rights of the patentee: the exclusive right to use, the right to license, the right to transfer, the right to give up and the right to mark;
(5) Obligations of the patentee: the obligation to exploit the patent and the obligation to pay the annual fee.
2. Trademark rights
(1) Definition of trademark right: A trademark is a mark specially designed to help people distinguish different commodities and consciously placed on the surface of commodities or their packaging. Trademark right refers to the exclusive right to use a trademark enjoyed by the trademark user according to law;
(2) Subject of trademark right: the legal person or natural person who applied for and obtained the trademark right;
(3) The object of trademark right: a trademark protected by the Trademark Law approved and registered by the State Trademark Office, that is, a registered trademark, including a commodity trademark and a service trademark;
(4) the rights of the trademark owner: the right to use, the right to prohibit, the right to transfer and the right to license;
(5) Obligation of the trademark owner: guarantee the quality of the goods using the trademark, and have the obligation to pay the prescribed fees.
3. Copyright
(1) Definition of copyright: Copyright, also known as copyright, is the exclusive right enjoyed by citizens, legal persons or unincorporated units for their own literary, artistic, natural science and engineering technical works according to law;
(2) The subject of copyright refers to the copyright owner, that is, the copyright owner. Including authors, copyright heirs, legal or non-legal entities and countries;
(3) The object of copyright: refers to various works protected by copyright. Works that can enjoy copyright protection involve literary, artistic and scientific works, which are intellectual achievements created by the author and fixed in some form and can be copied;
(4) Rights of copyright: personal rights and property rights. Personal rights include the right to publish, the right to sign, the right to modify and the right to protect the integrity of works. Property rights include the right to use and the right to receive remuneration.
Legal basis:
Article 123 of the Civil Code of People's Republic of China (PRC)
Civil subjects enjoy intellectual property rights according to law.
Intellectual property rights are the exclusive rights enjoyed by the obligee to the following objects according to law:
(1) works;
(2) Inventions, utility models and designs;
(3) Trademarks;
(4) Geographical indications;
(5) Business secrets;
(6) Layout design of integrated circuits;
(7) New plant varieties;
(8) Other objects prescribed by law.