(i) the nature of intellectual property rights
Intellectual property is an intangible property right, and the non-materiality of the object is an essential attribute of intellectual property, as manifested in:
(1) no physical control taking place
(2) use without physical loss
(3) there shall be no de facto sanction for the destruction of intellectual achievements and no legal sanction for the physical delivery。
(ii) characteristics of intellectual property
The characteristics of iprs can be summarized as follows:
(1) intangible property rights。
(2) recognition or award must be directly provided for by specific national legislation。
(3) duality: both the nature of a personal right (e. G. The right to sign) and the content of a property right. An exception is the right to trademark, which protects only property rights and not personal rights。
(4) exclusive: intellectual property is exclusive to the subject of the right. No person other than the rights holder can enjoy or use this right without the consent of the rights holder or special provisions of the law。
(5) territoriality: intellectual property rights recognized and protected under the law of a state have legal effects only in the territory of that state。
(6) timeliness: the law provides for a certain period of protection of intellectual property, and intellectual property is valid for a legal period. ]
Ii. Legal characteristics of intellectual property rights
Legally, intellectual property has three most obvious legal features:
The first is the geographical nature of intellectual property rights, i. E., rights acquired under the law of a state other than an international convention or a bilateral, multilateral agreement may only be valid within the territory of that state and protected by that state's law. ]
Second, the exclusive nature of intellectual property rights, i. E. Only those who are entitled to it, and other persons may not exercise their rights without their consent
Third, the temporal nature of intellectual property rights, which are subject to a separate period of time under national law, is automatically terminated。
According to the head of the department of intellectual property of the lantai law firm, which focuses on the legal protection of intellectual property rights, “intellectual property rights are the exclusive rights of citizens, legal persons or other organizations under the law, protected by law and inviolable, with respect to the intellectual results of creative work”
Types of intellectual property rights
The types of intellectual property are defined by two broad and narrow criteria and are based on international and domestic law。
(i) intellectual property rights, in a broad sense, may cover all intellectual creations of human beings, i. E., those defined by wipo, but the content of the protection granted is established by domestic law。
For example: “right to discovery”. There is also a broad division of iprs into two broad categories, “right to creative results” and “right to identifiers”, according to the criteria of the 1992 tokyo conference on the international protection of industrial property。
The former include patenting of inventions, right to integrated circuits, right to new varieties of plants, right to know-how technology, right to industrial design, copyright, software rights, etc。
The latter include trademark rights, business titles, and other identifiers relating to the suppression of unfair competition. Of course, identifiers permeate intellectual creation, but with different functions and expressions。
(ii) in the narrow sense of intellectual property, industrial property and copyright。
The distinction is based on the legal basis for the creation of rights。
Classification under domestic law
Intellectual property rights, as defined in chapter 5, section 3, articles 94 to 97 of the general civil code, include: copyright (or copyright) (article 94), patent rights (article 95), trademark exclusive rights (article 96), discovery rights, inventions and other scientific and technological achievements (article 97). Many countries do not protect them as copyrights and related intellectual property rights because they find themselves not directly applicable in industrial and agricultural production, i. E. Of a property nature。
Category of intellectual property in our traditional sense
Intellectual property rights in our traditional sense are divided into industrial property rights and copyright rights. Industrial property rights include patent rights, trademark exclusive rights and the prohibition of unfair competition. Industrial property (industryproperty) as a movable property has the meaning of an enterprise form of property rights. But it's another intellectual property right (intellectual property), which has the meaning of a knowledge form. Industry (industry) should be understood in a broad sense, which itself encompasses all sectors of industry, such as agriculture, industry, extractive industries and commerce. Copyrights, patents and trademarks are referred to as the three pillars of intellectual property. Relevant intellectual property rights such as geographical indications, traditional knowledge and biodiversity are to be protected by domestic law。
3. Classification under international law
The broad classification of intellectual property rights is that of international law, mainly under the wipo convention establishing the world intellectual property organization and the trips agreement. According to article 2, paragraph 8, of the convention establishing the world intellectual property organization, intellectual property rights can be classified into the following eight categories:
A. The right to literary, artistic and scientific productions。
B. Right to perform, record and broadcast performances by performing artists。
C. On the right of people to invent in all spheres。
D. Rights relating to scientific discovery。
E. Right to industrial design。
F. Rights relating to trademarks, service signs, manufacturer's name and marking。
G. Right to stop unfair competition. H. All other rights arising from intellectual activity in the fields of industry, science, literature and art。
In conclusion, the essence of intellectual property rights is the non-material nature of the object, which consists mainly of intangible property rights, duality, exclusiveness, geographicality, etc. The above is the full text of the “characterization and nature of intellectual property rights” compiled by the legal network. If you still have any questions about intellectual property, you are welcome to consult a lawyer。
