The right of discovery is the right of the discoverer to receive honors and material rewards after review for major scientific discoveries. The right of discovery is a civil right, including personal rights and property rights. So is the right of discovery an intellectual property right? It will definitely be helpful to you after reading the content compiled below. 1. Is the right of discovery an intellectual property right? The right of discovery is an intellectual property right. In order to protect the legitimate rights and interests of civil subjects, clarify tort liability, prevent and suppress infringements, and promote social harmony and stability, this law is formulated: including rights to life, health, name, reputation, honor, portrait, and privacy. , marital autonomy, guardianship, usufruct rights, security rights, copyrights, patent rights, trademark exclusive rights, discovery rights, equity, inheritance rights and other personal and property rights. According to Article 2 of the World Intellectual Property Organization Convention, "intellectual property rights" include the following related rights: 1. Literary, artistic and scientific works; 2. Performances of performing artists and records and radio programs; 3. All fields of human activities Inventions; 4. Scientific discoveries; 5. Industrial designs; 6. Trademarks, service marks, business names and logos; 7. Suppression of unfair competition; 8. Produced by intellectual creative activities in the fields of industry, science, literature and art all other rights.
2. The main characteristics of the right of discovery (1) Intellectual property is a kind of intangible property. (2) Intellectual property rights are proprietary. (3) Intellectual property rights have the characteristics of timeliness. (4) Intellectual property rights have regional characteristics. (5) The acquisition of most intellectual property rights requires legal procedures. For example, the acquisition of trademark rights requires registration.
3. The difference between discovery and invention (1) Different purposes 1. Discovery is to explain the world, and discovery has no clear purpose. Discovery is human exploration of the world, revelation, and understanding of oneself and the world. 2. Inventions change the world, and inventions have a clear purpose. It is the process and result of applying the laws of nature to solve unique problems in the technical field and proposing innovative plans and measures. (2) Different meanings 1. Discovery is the discovery of some unknown things on the original basis of natural society. It is a process of exploration, rather than re-creation in the process of exploration. 2. Invention is the creation of something that has never existed before. An invention is a further improvement on the existing basis and is functionally different from the former. (3) Differences in intellectual property protection 1. In the field of intellectual property. The right to scientific discovery is not intellectual property. The reason is that scientific discovery is not creative. It is a human understanding of the objectively existing natural phenomena, natural laws, and the nature of things that have not yet been revealed. It is the scope of human understanding of the world and is the achievement of human understanding. 2. In the field of intellectual property, invention refers to one of the patent types of inventions protected by the Patent Law, and refers to new technical solutions proposed for products, methods or their improvements. Inventions in the field of patents have their prescribed protection objects, or objects of protection. (4) Different citations and interpretations 1. Discovery: modern Lu Xun's "Refeng·Reflection Record Thirty-three": "Detecting things unknown to predecessors is called discovery." 2. Invention: modern Guo Moruo's "My Childhood" Chapter 1 Five: "At that time, we were more organized in reading ancient books. We read "Zuo Shi Chun Qiu" on one side and "Donglai Bo Yi" on the other. The articles of both are relatively easy to understand, and they can also invent each other." In summary, it can be seen from the above that , The right of discovery is the right obtained by scientists in accordance with the law by proposing unprecedented explanations of natural phenomena, characteristics or laws.