The concept of intellectual property
What is intellectual property is so far not a uniform definition at home and abroad。
The world intellectual property organization (wipo) defines intellectual property as “in general, intellectual property is a legitimate right arising from intellectual activity in the industrial, scientific, literary and artistic fields”。
Article 123 of the civil code, which was in force in the country on 1 january 2021, states: “civil subjects enjoy intellectual property rights in accordance with the law. Intellectual property rights are the exclusive rights of the right holder under the law in respect of: (i) works; (ii) inventions, practical novelty, visual design; (iii) trademarks; (iv) geographical indications; (v) trade secrets; (vi) designs of integrated circuits; (vii) new varieties of plants; and (viii) other objects provided for by law.”
The nature of intellectual property rights
Private ownership of intellectual property
Private rights can be understood in three ways:
Intellectual property rights have intangible property rights attributes
Intangible property rights are separate rights from rights in tangible property and comprise three categories:
Legal characteristics of intellectual property
Non-materiality of the object
The object of intellectual property rights, i. E. Intellectual products, is a spiritual asset without form. This is the essence of intellectual property。
Exclusive
Intellectual property is the exclusive preserve of the holder of the right; for the same intellectual product, intellectual property rights of two or more persons of the same attribute are not allowed to coexist。
Geographical
Relevant rights recognized and protected under the laws of a state are protected only within the state。
Timescale
The right is protected only for the duration of its validity as provided for by law and, once it has exceeded the legal period of validity, it is extinguished on its own, and the relevant intellectual products become the common heritage of society as a whole and are shared by all humankind。
