I. What are the basic features of intellectual property rights
Legally, intellectual property has three most obvious legal features:
1. Geographicality of intellectual property rights, i. E., rights acquired under the law of a state other than by an international convention or a bilateral, multilateral agreement, may only be valid within the territory of that state and are protected by that state law。
2. The exclusive nature of intellectual property rights, i. E. They are enjoyed only by holders of rights, who may not exercise their rights without their permission。
3. The temporal nature of intellectual property rights, for which the law of each state provides for a separate period of time, ends automatically。
Ii. Integrated instruments of instruments
1. Copyright and neighbouring rights. Copyright, also known as copyright, refers to the personal and property rights of authors of literary, artistic and scientific works and their subjects in accordance with the law. Neighbourhood rights are referred to in copyright law as “rights relating to copyright”。
Patent rights, i. E. Exclusive rights of natural persons, legal persons or other organizations to inventions, practical novelty and visual design for a certain period of time, in accordance with the law。
3. The right to trademarks, i. E. The rights of the registered trademark holder or successor to the right, within the legal period, to registered trademarks。
4. The right to commercial secrecy, i. E. The exclusive right of a civil subject to the law to technical or operational information which is a commercial secret。
5. The right to new varieties of plants, i. E. Exclusive use by the unit or individual who has completed the breeding, as authorized by law。
6. The right to design an integrated circuit map, i. E. The exclusive right of natural or legal persons or other organizations to design an integrated circuit map in accordance with the law。
Commercial rights, i. E. The exclusive use of commercial subjects in accordance with the law within a geographical area。
There is considerable disagreement in the theoretical world as to whether the right to incentives for scientific and technological results, geographical indications, domain names, the right to fight unfair competition, the special rights of databases, the right to commercialize, etc., can become an exclusive intellectual property right。
As science and technology develop, and in order to better protect the interests of owners, the intellectual property regime should emerge and continue to evolve. Today there are increasing violations of intellectual property rights, such as patent rights, copyright rights and trademark rights, and it is undeniable that the country is increasingly combating intellectual property rights violations. Even in the case of serious violations, the criminal code directly considers them to constitute crimes, entailing criminal liability for perpetrators, such as forgery of patents, offences against commercial secrets, sale of torts, etc。
