Legal analysis: From the perspective of rights, the subject of intellectual property rights is the rights owner (including copyright holders, patentees, and trademark owners); from the perspective of legal relationships, the expansion of intellectual property rights is The obligee and obligors other than the obligee. Of course, the owner of intellectual property rights can be either a "natural person" or a "legal person". Under certain conditions, it can also be an unincorporated organization, or directly owned by the state.

1. The original acquisition of intellectual property rights can only be based on the identity and qualifications of the creator and is conditional on national recognition or grant. Original acquisition refers to the first generation of property rights or the acquisition of property without prior ownership of the rights of the original owner. 2. Successive acquisition of intellectual property rights is often incomplete acquisition or restricted acquisition, which will create several rights subjects. Sharing interests in the same product.

In civil law theory, there are two criteria that distinguish inherited acquisition from original acquisition: will characteristics. Source of rights.

3. The intellectual property law mainly adheres to the "conditional national treatment principle" for the subject qualifications of foreigners.

The principle of national treatment is the basic principle of the international intellectual property system. This principle generally has two meanings: first, in terms of intellectual property protection, member states of international conventions must legally grant the same treatment to nationals of other member states as their own nationals; second, to nationals of non-member states, as long as they are If the work is first published in the territory of the country (copyright law); or has a fixed residence in the territory of the country, or has a business place that actually engages in industrial and commercial activities (industrial property law), it should also enjoy the same treatment as nationals of the member state.

Legal basis: "The People's Republic of China and the Civil Code"

Article 114 Civil subjects enjoy property rights in accordance with the law.

Real rights are the right holder’s direct control and exclusive rights over specific things according to law, including ownership, usufruct rights and security rights.

Article 123 Civil subjects shall 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, Appearance design;

(3) Trademark;

(4) Geographical indication;

(5) Trade secret;

(6) ) Integrated circuit layout design;

(7) New plant varieties;

(8) Other objects specified by law.