The characteristics of intellectual property rights are as follows:
1. Intangible property rights;
2. Confirmation or grant must be directly stipulated by special national legislation;
3. Duality: It has the nature of certain personal rights such as signature rights, and also contains the content of property rights. However, trademark rights are an exception. They only protect property rights and not personal rights;
4. Proprietary property: The proprietary nature of intellectual property rights means that unless the right holder agrees or the law provides otherwise, the right holder cannot No one can own or use it;
5. Regionality: The regionality of intellectual property rights means that except for international conventions or bilateral or multilateral agreements, intellectual property rights acquired in accordance with the laws of a country can only Can be valid within the territory of the country and protected by the laws of that country;
6. Timeliness: The timeliness of intellectual property rights means that its rights are protected by law within the period stipulated by law. Once the time limit stipulated by law is exceeded, Once the validity period expires, this right will automatically disappear, or the intellectual property rights will be lost according to law.
Intellectual property rights can be roughly divided into two categories:
One category is industrial property rights, including patents, trademarks, prohibition of unfair competition, trade secrets, geographical indications, etc.; the other category is Copyright, also known as "authorship", involves literary, artistic and scientific works, such as novels, poems, dramas, films, music, songs, fine arts, photography, sculptures and architectural designs. Copyright in a broad sense also includes copyright-related rights, such as performers' rights to their performances, phonogram producers' rights to their phonograms, and radio and television organizers' rights to their radio and television programs.
In addition, with the continuous development of the knowledge economy, the exclusive rights of integrated circuit layout design, new plant variety rights, antitrust, domain name rights, etc. have gradually been included in the intellectual property system.
In fact, intellectual property is a broad concept in our country. Although there is no intellectual property law, there are copyright laws, patent laws and other types of laws that constitute broad intellectual property laws. The purpose of establishing intellectual property rights is to protect the rights of innovators and protect their rights from infringement. However, intellectual property rights also have a protection period, and they must be disclosed by that date in order to benefit society and promote social progress.
Legal basis: Article 3 of the Copyright Law of the People's Republic of China
The works referred to in this law refer to original works in the fields of literature, art and science. Intellectual achievements that can be expressed in certain forms include:
(1) Written works;
(2) Oral works;
(3) Music, Art works of drama, folk art, dance and acrobatics;
(4) Fine arts and architectural works;
(5) Photographic works;
(6) Audio-visual works ;