The exclusive right to use is a core concept in the legal system of intellectual property rights, and it is the exclusive or exclusive right to use specific things protected by law. Specifically, the common forms of exclusive rights are property right, copyright, trademark right and patent right. These rights give the obligee the exclusive right to use what he owns, and if there is any infringement, he has the right to investigate the legal responsibility of the infringer. The basic characteristics of exclusive right are exclusiveness and time limit, that is, only the exclusive right holder enjoys this right, and no one else can interfere; At the same time, the exclusive right has a time limit, and it will expire after the time limit. In addition, due to the differences in the nature and scope of exclusive rights, different types of exclusive rights will be subject to different legal norms and restrictions. As an important part of intellectual property rights, exclusive rights play an important role in promoting technological innovation and economic development. Effective protection can stimulate innovation and knowledge output, and promote the rational use and circulation of intellectual property rights. At the same time, exclusive rights also need to strike a balance between safeguarding public interests, safeguarding consumer rights and promoting social progress.
How to balance the exclusive right and the public domain in the legal system of intellectual property rights? The balance between the exclusive right and the public domain in the legal system of intellectual property rights is complicated. On the one hand, protecting exclusive rights can stimulate innovation and knowledge output, but excessive protection will also have adverse effects on public interests and competition. On the other hand, intellectual property rights in the public domain can effectively promote the enjoyment and dissemination of knowledge and technology, but the lack of exclusive rights protection will also have a negative impact on innovation and knowledge creation. Therefore, while ensuring full protection of exclusive rights, we also need to pay attention to the balance between safeguarding public interests, safeguarding consumers' rights and interests and promoting social progress.
Exclusive right is a core concept in the legal system of intellectual property rights. Protection can stimulate innovation and knowledge output, but excessive protection will also have an adverse impact on public interests. Therefore, we must balance public interests and consumers' rights and interests on the basis of safeguarding exclusive rights, and promote the rational use and circulation of intellectual property rights.
Legal basis:
Article 2 of the Patent Law of People's Republic of China (PRC) is the exclusive right enjoyed by an inventor or other patentee in accordance with this Law within the scope of the disclosure of his patent application.