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Is intellectual property an economic right? Is it correct to say that it belongs to a cultural right?
Hello, to answer your question, we should start with the basic concepts. (1) Intellectual property is a kind of property right and personal right, and it is also a kind of intellectual achievement right. Mainly in the fields of literature, art and science. , there is the copyright of creation, the trademark right of commodity marking, and the patent right of invention and design of technology, process and technology. This is traditional intellectual property, and the new intellectual property also includes geographical indications, trade names, trade secrets and so on. In this sense, intellectual property is a kind of right protection for human intellectual achievements and a legal right, that is, it is stipulated by law rather than agreed. However, the transfer of rights content can be agreed, which are two concepts. (2) Economic rights refer to the right of the subject of economic law to act or not to act, or to ask others to act or not to act according to the provisions or agreements of economic laws and regulations. This is a term in the context of economic law. (3) Cultural rights: It is one of the basic rights of citizens and refers to the right of people to gain benefits through cultural activities. Now the definition and scope of the concept have been basically formed, that is to say, the basic rights of citizens mainly include: political rights, economic rights and cultural rights. The main difference between the three is that the behavior and object corresponding to the subject of implementing rights are different. Intellectual property rights should be subordinate to economic rights and cultural rights. Because intellectual property rights can obtain economic benefits, that is, property rights, and can also be embodied as cultural rights, because their own inventions belong to the category of culture, and at the same time they can obtain material and spiritual benefits. If we insist on comparing these terms together, it is of little significance. However, we should make clear the generic relationship of things. It is meaningful to distinguish concepts within a unified academic system, because any proposition must have its premise and scope of application. Just like we are all human beings, scientists have little to do with the concept of human beings, just as Augustine said that the concept of time is known to everyone, but it is difficult to define time. So we just need to know the basic attributes of things and define categories. Different disciplines or professional systems have different research focuses and different concepts. Finally, it needs to be explained that intellectual property is the concept of intellectual property law, economic rights and cultural rights are the concepts of constitutional law, and economic rights can also be expressed as the rights of economic subjects in economic law. The above is my humble opinion, and I would like to learn and communicate together.