The intellectual property industry has a broad prospect, but the intellectual property specialty offered by universities is not promising at present, so it is not easy to find the legal characteristics of intellectual property.
1. The object of intellectual property is intangible works, inventions and goodwill, which are intangible and must rely on certain material carriers to exist. The object of intellectual property rights is the intangible achievements carried or embodied by the intellectual material carrier.
This means that obtaining a material carrier does not mean enjoying the intellectual property rights it carries; Secondly, transferring the ownership of the material carrier does not mean transferring the intellectual property rights it carries at the same time; Finally, infringing on the ownership of material carrier does not mean infringing on the intellectual property rights it carries at the same time.
2. Specific exclusivity
Exclusivity, also known as exclusivity, means that without the permission of the intellectual property owner or special provisions of the law, others may not carry out acts controlled by the exclusive rights of intellectual property, otherwise it will constitute infringement. There are many differences between the exclusivity of intellectual property rights and the exclusivity of property rights
(1) The sources of exclusivity are different. Because intangible objects such as works, inventions and creations cannot be occupied like things, it is difficult for people to naturally form the concept that the use of intellectual property rights should be exclusively controlled by creators or creators. On the contrary, the exclusivity of intellectual property comes from the mandatory provisions of the law;
(2) The forms of infringement of exclusivity are different, and the methods of protecting exclusivity are different. Infringement on the exclusivity of property rights generally manifests itself in stealing, robbing, destroying or encroaching on things in other ways, while infringement on the exclusivity of intellectual property rights generally has nothing to do with the material carrier bearing intellectual achievements, but manifests itself in the act of arbitrarily implementing the control of the exclusive rights of intellectual property rights without the permission of the intellectual property owner or the lack of special legal provisions;
(3) exclusivity is subject to different restrictions. Intellectual property rights are subject to far more restrictions than property rights. For example, the Copyright Law stipulates "fair use" and "legal license", which all constitute restrictions on the exclusivity of copyright. In addition, there are timeliness and regional restrictions.
3. Timeliness
Timeliness of intellectual property rights means that the protection period of most intellectual property rights is limited, and once it exceeds the legal protection period, it will no longer be protected. The creative achievements will enter the public domain and become public resources that everyone can use; Trademark registration also has legal time effect. If the obligee does not renew the registration at the expiration of the time limit, it will also enter the public domain.
4. Regionality
Unless there are special provisions in international treaties, bilateral or multilateral agreements, the effectiveness of intellectual property rights is limited to the domestic territory. The reason is that intellectual property rights are legal rights and the product of a country's public policy, which can only exist through mandatory provisions of laws. The scope and content of their rights also depend entirely on the provisions of domestic laws.
However, the provisions on the acquisition and protection of intellectual property rights in different countries are not exactly the same.