Property right refers to a civil right that takes property interests as its content and directly reflects property interests. Property rights can be valued by money and are generally transferable. When it is infringed, it needs to be remedied in the form of property. Property rights include both property rights, creditor's rights and inheritance rights, as well as property rights in intellectual property rights.
Definition of intellectual property protection:
Intellectual property refers to the ownership of intellectual labor results produced by human intellectual labor. It is an exclusive right granted to qualified authors, inventors or owners of achievements in a certain period of time according to the laws of various countries. It is generally considered to include copyright and industrial property rights. Copyright (copyright) refers to the general name of personal rights and property rights enjoyed by authors and other copyright owners in literary, artistic and scientific works according to law; Industrial property rights refer to the exclusive rights enjoyed by the obligee, including invention patents, utility model patents, design patents, trademarks, service marks, names of manufacturers, sources or countries of origin.
Definition of protecting citizens' property rights:
Property rights and human civilization are interactive, that is, property rights promote the development of human civilization. There is no doubt that China's economic system is based on socialist public ownership of the means of production. But at the same time, we can't ignore the protection of private property. The expression of "improving the legal system for protecting private property" at the 16th National Congress and the draft civil code regard state-owned assets and private property as equal legal protection objects, which confirms the protection of private property rights in China. Article 13 of the Constitution of People's Republic of China (PRC) clearly stipulates that citizens' lawful private property is inviolable. The state protects citizens' private property rights and inheritance rights according to law.
Characteristics of intellectual property protection:
Intellectual property protection has become the strategic commanding height of the international economic order and one of the focuses of fierce competition among countries. First, with the rapid development of science and technology, the traditional intellectual property system is facing challenges, and the scope of intellectual property protection is constantly expanding. For example, in the patent field, the United States gives patent protection to inventions such as computer-readable carriers containing computer programs, genetic engineering and business models on the Internet. The space for technological innovation in developing countries has been greatly suppressed. How to determine the scope of patent protection scientifically and reasonably has become an urgent and meaningful research topic. In the report released at the end of 1998, the World Bank pointed out: "The increasingly strengthened international intellectual property protection legislation is in danger of widening the intellectual property gap between developed and developing countries." Second, in recent years, some developed countries have vigorously promoted the internationalization of patent examination, and proposed to break the geographical restrictions of patent examination and establish a "world patent", that is, a few countries are responsible for patent examination and grant patents, and other countries recognize the examination results. The so-called "world patent" is essentially the patent examination work of all countries in the world, which is carried out by the patent offices of a few developed countries and regions such as the United States, Japan and Europe. Third, intellectual property rights are included in the jurisdiction of the World Trade Organization. Intellectual property, which pays equal attention to trade in goods and services, has become the three pillars of the World Trade Organization, and the rules of trade in goods and dispute settlement mechanism have also been introduced into the field of intellectual property. According to the regulations of the WTO, any member of the WTO will be subject to cross retaliation in trade because of poor protection of intellectual property rights. Intellectual property rights have become the frontier of international trade. With the gradual reduction and cancellation of tariffs, the status and importance of intellectual property protection in international trade will become more prominent. Fourthly, the developed countries such as the United States and Japan have adjusted and formulated the intellectual property strategy facing the new century and incorporated it into the overall strategy of national economic and technological development.
The main characteristics of civil property rights:
Subject limitation
The subject of real right is limited to those who actually enjoy or can obtain property. It is neither like the personality right enjoyed by all people, nor like right of relatives. As long as you have a relationship with others, you have parental rights. The object of property right is limited to what the law allows private persons (natural persons and legal persons) to enjoy under this social system. For example, under China's socialist system, land belongs to the state (owned by the whole people) and cannot be privately owned, so land cannot be the object of private property rights as a civil right. In other words, the same is true of creditor's rights. The so-called incompatibility refers to something that cannot be the object of transaction and therefore the object of creditor's rights. Therefore, the situation of property rights is often different because of the social system of each country. Historically, the property rights under slavery are quite different from those under capitalism, modern capitalism and socialism. At this point, property right is a kind of right closely related to social system, which is very different from personality right in parental right.
attribute value
With few exceptions, property rights have property value, and this economic value can be calculated by money. Generally speaking, personal letters and lover's relics (such as hair) can also be used as the subject of ownership. In this case, these things become the subject of the transaction, and they also have economic value.
Nonspecific
Property rights can be disposed of in principle and are not exclusive. Disposable means transferable and inheritable; Can be discarded. It is not exclusive, so it can be exercised by others. Generally speaking, the ownership of rights can be separated from the exercise of rights, for example, the rights of minors are exercised by legal representatives, the rights of bankrupt are exercised by bankruptcy administrators, and the rights of missing persons or people who are prohibited from managing property are exercised by administrators. Of course, there are some exclusive property rights.