Intellectual property rights are also called "intangible property rights" in a broad sense:> In a narrow sense, they include industrial property rights and copyright. According to China's relevant intellectual property laws, the types of intellectual property in China mainly include copyright, trademark right and patent right.

The object of intellectual property is "knowledge". The nature of intellectual property includes 1 invisibility 2 exclusivity 3 regionality 4 timeliness 4 reproducibility. I gave three versions of the definition of intellectual property.

Definition of intellectual property 1.0, 2.0, 3.0. Version 1.0 is defined according to the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works. It defines intellectual property as two parts, one is copyright and the other is industrial property.

The so-called copyright is copyright. Now in the laws of China, China, these two words are used at the same time, which is also called copyright. I have participated in a number of intellectual property legislation, or copyright or copyright. The number of people claiming this right in our country is similar to that of copyright, and every discussion is coordinated, so we are now talking about copyright in the general principles of civil law.

According to China's copyright law, copyright and copyright are the same thing, so China's law is called People's Republic of China (PRC) Copyright Law, and the authority in charge of copyright is called the National Copyright Administration. However, it needs to be clear that copyright refers to copyright, not publication. Industrial property rights include invention patents, utility models, designs, trademarks, service marks, names of manufacturers, names of countries of origin and prevention of unfair competition. The definitions of Paris Convention and Berne Convention are both traditional definitions and basic definitions, which are adopted as basic principles by other conventions.

Version 2.0 of the definition of intellectual property refers to the establishment of the World Intellectual Property Organization, which is a definition made by WIPO. This definition stipulates that intellectual property rights include literary, artistic and scientific works; Performing artists and audio-visual performances only refer to the rights of publishers, producers of audio-visual products and artistic performers related to copyright. Third, inventions in all human activities refer to patents. Fourth, scientific discovery.

Fifth, the design, the design of handicrafts. Sixth, the trademark service mark, the name and brand of the manufacturer, which is about trademarks and brands. Seventh, stop unfair competition. Eighth, all other rights in the fields of industry, science, literature and art come from intellectual activities. The version of this definition is my favorite definition when I participated in intellectual property activities during my work in the Ministry of Science and Technology. Why? It is the most inclusive definition, covering the widest scope and leaving enough room for the future development of intellectual property rights. Because two of them are not in the definition of the Paris Convention, one is scientific discovery. Although there is no "scientific discovery law" in the legislation of China and major countries in the world so far, the World Intellectual Property Organization has reserved a good position for it. Second, there is a big pocket. This is the last one. In the fields of industry, science, literature and art, everything else comes from knowledge activities.

Every once in a while, the intellectual property rights of the WTO need to be discussed and revised, which supplements the unprotected rights from knowledge in the existing laws. Therefore, the definition of intellectual property rights is generally indicated and used in the agreements on intellectual property rights for scientific and technological cooperation signed between China and other countries.

Version 3.0 of the definition of intellectual property rights is defined in the Agreement on Intellectual Property Rights of the World Trade Organization. The full name of the agreement is the Agreement on Intellectual Property Rights Related to Olive Oil Trade. It is defined from the perspective of promoting economic globalization on the basis of recognizing the relevant definitions of Paris Convention, Berne Convention and World Intellectual Property Organization. This definition includes these contents: copyright and related rights (including computer software), followed by commodity trademarks and service trademarks, with special emphasis on giving special protection to well-known trademarks. Third, the design of handicrafts. With the continuous improvement of people's material and cultural living standards and quality of life, people are very welcome to product design, which is sensitive and suitable for industrial application, so design is also a very important intellectual property right. Haier once told us that he applied for several patents every day, and a large part of them were design patents.

Fourth, geographical indications. The fifth is the invention patent. Sixth, new plant varieties refer to the wild or cultivated plants found. Only "independent intellectual property rights" is a term created by China, which is widely recognized and used and frequently appears in news media and advertisements. The completion of a scientific and technological achievement, the advent of a new product and the emergence of a new technology are the most fashionable and eye-catching expressions, which are no longer "filling domestic gaps" but "having independent intellectual property rights". On the one hand, it shows that the awareness of intellectual property protection is increasingly popular and deepening in China; On the other hand, people can't help wondering whether these "independent intellectual property rights" are really "independent". Some people think that as long as the intellectual property of the civil subject in China is the subject of rights, it can be called "independent intellectual property rights" to distinguish it from intellectual property rights from overseas. This view is biased. From the perspective of the subject of rights, China has the intellectual property rights of civil subjects, which can be called "own" intellectual property rights or "owned" intellectual property rights, but whether it can be called "independent intellectual property rights" is another matter. "Self" and "autonomy" are two different concepts. "Self" means "own", emphasizing that rights belong to "self". As for whether the exercise of this right can be completely independent and whether it is bound and restricted by the rights of others, it depends on other conditions. "Autonomy" means "making your own decisions", that is, the exercise of this right can be completely independent and should not be restricted or bound by the rights of others. Generally speaking, the premise of "independent" rights should be "possession", and the rights of "possession" are not necessarily "independence". Therefore, it is necessary to distinguish between "own" intellectual property rights and "independent" intellectual property rights and not to confuse them. The so-called "independent" intellectual property right is not a strict legal concept. Generally speaking, it can be understood as a kind of intellectual property, which refers to the intellectual achievements created by oneself, obtained according to law and not restricted by others. "Independent" intellectual property rights should meet three necessary conditions: first, the results of intellectual labor created by oneself should meet all legal conditions of an object protected by intellectual property law; Second, the necessary legal procedures for obtaining this intellectual property right have been fulfilled according to law; Third, there are no conditions or factors that restrict the intellectual property rights of others. Among the above three constitutive requirements, the first two are the necessary conditions to constitute general intellectual property rights, that is, they can constitute "own" intellectual property rights, and the third condition is a special constitutive requirement of "independent" intellectual property rights, which is the basic condition to distinguish "independent" intellectual property rights from "own" intellectual property rights and cannot be ignored. Within the scope of "owned" intellectual property rights, because intellectual property rights such as copyrights and trade secrets are automatically generated according to legal conditions, most of "owned" copyrights and trade secrets can form "independent" intellectual property rights, so it is relatively easy to form "independent" intellectual property rights. In the field of business marks (such as trademarks and trade names), as long as they are independently designed and registered business mark rights, they can be called "own" intellectual property rights or "independent" intellectual property rights, rather than licensing rights obtained from others. But in the patent field, it is more difficult to form "independent" intellectual property rights. Take a new product developed by ourselves as an example. If this new product is developed on the basis of other people's patents, even if you can apply for and obtain a new patent based on your own improved development results, the new patent obtained is only an improved patent. However, the implementation of improved patents is limited by others' prior patents (including basic patents and improved patents) as reference and improvement basis. Under the condition that others' prior patents effectively exist, the implementation of their own improved patents without the permission of the prior patentee still constitutes infringement of others' prior patents. The implementation of this improved patent is not "independent" and can only be called "owning" intellectual property rights, not "independent intellectual property rights". If the new product developed belongs to original innovation, it can only be called "independent intellectual property rights" if one or more basic patents are applied for and obtained for the new product, that is, all the technological innovation achievements contained in the new product patents can be independently controlled and exercised by the patentee himself, and are not restricted or bound by other people's patents or other intellectual property rights. A new technology, a new product, is usually developed on the basis of the existing technology, and it is impossible to be completely unrelated to the existing technology. Existing technologies can be roughly divided into two categories, one is public domain technologies that are not or are no longer protected by intellectual property rights, and the other is proprietary domain technologies (including patents and technical secrets) that are still protected by intellectual property rights. The existing technology involved in a new technology or new product is purely in the public domain and has nothing to do with the technology in the proprietary domain, that is, it does not involve the intellectual property rights of others at all. This situation is rare. In most cases, a new technology, a new product, more or less always involves the technology in the exclusive field of others, that is, the intellectual property rights of others, but the amount and degree involved are different. There should be a correct understanding of "not restricted by others" in the third condition mentioned above, which does not mean that an invention does not involve the intellectual property rights of others at all. The so-called "unrestricted" means that the main and key parts of the invention and creation are developed by themselves or completely belong to their own intellectual property protection scope, while the parts involving other people's intellectual property rights are non-main and non-critical, which can be replaced by many technologies, so the implementation of this technology is autonomous, and it will not be impossible or difficult to implement the invention and creation because of the restrictions of other people's intellectual property rights. The EVD developed in China has made a breakthrough in the coding and decoding of processing programs. Coding and decoding technology is indeed one of the core technologies of DVD players, but it cannot be considered that EVD is a product with "independent intellectual property rights". If EVD only has a breakthrough in coding and decoding technology and has its own intellectual property rights, but it also needs to adopt other patented technologies of the original DVD and key parts protected by other people's intellectual property rights, it cannot be said that EVD machine is a new product with "independent intellectual property rights". In fact, it only "owns independent intellectual property rights" in EVD coding and decoding technology. In fact, most of the technologies or products with "independent intellectual property rights" publicized in China are not "independent". It is actually misleading the public to publicize and use "intellectual property rights" that cannot be "independent" as "independent intellectual property rights". Therefore, it is necessary to adopt a scientific and realistic attitude to understand and publicize "independent intellectual property rights". When using the term "independent intellectual property rights", all sectors of society should be more rigorous and scientific to avoid being labeled as "independent intellectual property rights" at any time. To advocate independent innovation and independent intellectual property rights, the key is to adopt a scientific attitude, strive to achieve technological breakthroughs through their own intellectual labor input, and obtain creative intellectual labor results; At the same time, we should have a conscious awareness of intellectual property rights and create conditions to form independent intellectual property rights on the basis of our own creative intellectual labor achievements. As long as it is novel, concrete, portable and properly named, it can enrich its variety rights like a patent. If there are comrades engaged in it here, I hope you will pay attention to the Regulations on the Protection of New Plant Varieties, which has been implemented for six years since 1999. If your invention and discovery are herbaceous varieties, it belongs to the Ministry of Agriculture, and if the female parent belongs to the State Forestry Administration. Seventh, do not design integrated circuits. Eighth, undisclosed information (trade secrets). What trade secrets, including technology-intensive and trade secrets, as long as the secret is not made public, in legal terms, the legal content and precise outline cannot be obtained from public channels. Secondly, it is valuable and useful. If you get this technical secret and business secret, you can get economic benefits or competitive advantages. CRH2 (In fact, this kind of car owner is mainly used by EMUs, but France uses it as a foil to ease the contradiction between domestic manure and the Ministry of Railways, so the CRH currently in operation is basically CRH2 ashore in Qingdao Port). CRH2 was produced and assembled by Kawasaki Company in Japan, and then transported to Qingdao Sifang Factory to spray "CRH" and "Harmony" car body logos, and the Japanese labels on the car body and glass were modified (only the "CRH" logo was sprayed during the trial operation of Shanghai-Hangzhou Railway, and the Japanese labels on the glass and car body were forgotten to be modified, resulting in the embarrassing situation that the media promoted domestic production and passengers could not find Chinese labels).