Intellectual property rights are a collective term for rights generated by law based on creative achievements and industrial and commercial marks. In our country, intellectual property rights are classified and stipulated by law. The three most important intellectual property rights are copyright, patent rights and trademark rights. Patent rights and trademark rights are also collectively referred to as industrial property rights.
China’s intellectual property legislation started late, but it has developed rapidly and has now established a legal system that meets advanced international standards. The sources of intellectual property law refer to the expression of intellectual property legal norms, which can be divided into two parts: domestic legislative sources and international conventions.
Infringement of intellectual property rights has basically the same legal nature as general civil torts, and of course should have basically similar legal consequences. However, because the nature of intellectual property rights and the basic characteristics of intellectual property infringement are different from general civil rights and torts, the manifestations of intellectual property infringement are also different from general civil torts. The non-materiality of the object of intellectual property rights is its essential feature that distinguishes it from property ownership. Its object is a kind of non-material and intangible spiritual wealth. It does not have a material form, does not occupy space, and its possession is not real and concrete. of occupation. Compared with other property rights (especially ownership), the existence of intellectual property rights has its unique characteristics of exclusiveness, territorial validity and time limitation.
Due to the nature and characteristics of intellectual property rights, infringement of intellectual property rights is basically dual in nature, that is, it not only infringes on the property rights of the intellectual property owner, but also infringes on the creditor's rights of the intellectual property owner. .
Legal Basis
"Intellectual Property Law of the People's Republic of China"
Article 4 Enterprises, institutions and individual industrial and commercial persons shall not If you need to obtain the exclusive right to use a trademark for goods that are manufactured, processed, selected or distributed, you must apply for product trademark registration with the Trademark Office. Enterprises, institutions and individual businesses that need to obtain the exclusive right to use a trademark for the services they provide must apply for service trademark registration with the Trademark Office. The provisions of this Law regarding commodity trademarks shall apply to service trademarks.