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Comprehensive management of intellectual property and comprehensive management of market supervision

Legal subjectivity:

1. What are the intellectual property rights of market supervision?

The intellectual property rights of market supervision include copyrights, patent rights, trademark rights, discovery rights, inventions Rights and other scientific and technological achievement rights, etc. Works, trademarks, trade secrets, inventions, utility models are all common intellectual property objects. According to Article 123 of the "People's Republic of China and Civil Code", civil subjects enjoy intellectual property rights in accordance with the law. Intellectual property rights are the exclusive rights enjoyed by obligees in accordance with the law with respect to the following objects:

1. Works;

2. Inventions, utility models, and designs;

3. Trademark;

4. Geographical indication;

5. Trade secret;

6. Integrated circuit layout design;

7. New plant varieties;

8. Other objects specified by law.

II. Limitation of action for intellectual property rights

The limitation of action for intellectual property rights is three years. Article 188 of the Civil Code stipulates that anyone who applies to the People’s Court for protection of civil rights The statute of limitations period is three years. If the law provides otherwise, such provisions shall prevail. The statute of limitations shall be calculated from the date when the right holder knows or should know that the right has been damaged and the obligor knows. If the law provides otherwise, such provisions shall prevail. However, if it has been more than 20 years since the right was damaged, the people's court will not grant protection. If there are special circumstances, the people's court may decide to extend the time based on the application of the right holder.

3. Characteristics of intellectual property rights

The characteristics of intellectual property rights can be summarized in the following aspects:

1. Intangible property rights.

2. Confirmation or grant must be directly stipulated by national special legislation.

3. Duality: It has the nature of a certain personal right (such as the right to sign) and contains the content of property rights. But trademark rights are an exception. They only protect property rights, not personal rights.

4. Exclusiveness: Intellectual property rights are exclusive to the rights holder.

5. Regionality: Intellectual property rights recognized and protected by the laws of a certain country only have legal effect within the territory of that country.

6. Timeliness: The law stipulates a certain protection period for the protection of intellectual property rights, and intellectual property rights are valid within the statutory period.