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Traditional classification of intellectual property rights

The traditional classification of intellectual property rights is divided into copyrights, patent rights and trademark rights.

1. Copyright

Copyright refers to the general term for the property rights and moral rights enjoyed by natural persons, legal persons or other organizations in literary, artistic and scientific works. In our country, copyright refers to copyright. Copyright in a broad sense also includes neighboring rights, which are called "rights related to copyright" in my country's Copyright Law.

2. Patent rights

Patent rights refer to the state disclosing the content of inventions and creations to the public based on the application of the inventor or designer, and the legal impact of the inventions and creations on society. An exclusive right granted to the inventor or designer within a certain period of time in accordance with legal procedures based on specified interests.

Patent rights are a type of intellectual property, so they also have the characteristics of intellectual property, namely temporality, regionality, intangibility, and exclusivity.

Temporality means that the patentee’s exclusive rights are only valid within the statutory period. After the expiration of the period, the patentee no longer has exclusive rights to the invention. Inventions and creations protected by law have become social wealth that can be used free of charge by any unit or individual.

Regionality means that patent rights are generally only valid within the country that grants the rights, and are not recognized or protected in other countries in principle.

Intangibility, also known as immateriality, means that the object of patent rights is intellectual achievements. Intellectual achievements do not have material form and cannot be actually possessed by people objectively. Exclusiveness means that, unless otherwise provided by the patent law, no unit or individual may exploit the patent without the permission of the patentee. Proprietary property is also called "exclusivity" or "monopoly".

3. Trademark rights

Trademark rights are the rights enjoyed by civil subjects to exclusively use a specific mark on specific goods or services for the purpose of distinguishing the source. There are two ways to obtain trademark rights: obtaining trademark rights through use and obtaining trademark rights through registration. Obtaining trademark rights through registration is also called the exclusive right to register a trademark.

In my country, trademark registration is the basic way to obtain trademark rights. Article 3 of the "Trademark Law" stipulates: "A trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law."