1. Concept:

Industrial property rights refer to intellectual achievements such as creations, inventions and distinctive marks used in the production and circulation of goods in accordance with the law, and are enjoyed in a certain area and within a certain period of time. exclusive rights. According to the provisions of the Paris Convention for the Protection of Industrial Property, industrial property rights include inventions, utility models, designs, trademarks, service marks, manufacturer names, source marks, designations of origin and the right to prevent unfair competition. In my country, industrial property rights are mainly Refers to trademark exclusive rights and patent rights. Internationally used legal terminology. The collective name for the ownership of invention patents, utility models, designs, and trademarks. Some national laws and international treaties also include rights to service marks, trade names, designations of origin and appellations of origin, as well as rights to suppress unfair competition (most commonly based on patents). This right applies not only to industry itself, but also to commerce, agriculture, mining, extractive industries and all manufactured or natural products, such as alcohol, grains, tobacco, fruits, livestock, mineral products, mineral water, flowers and flour, etc. . It is an "exclusive right" with strict geographical and temporal nature, that is, the rights obtained according to the laws of a country can only be valid within the territory of that country within a certain period of time. If you want to be recognized and protected in other countries, you must go through the legal procedures of that country. In order to consolidate the rights of industrial property and protect the interests of exclusive rights, the state can use trademark law to provide for the registration of industrial products and any other goods. Intellectual property rights include industrial property rights and copyrights. Industrial property rights mainly include patent rights, trademark rights, and geographical indications. The term industrial property rights first appeared in the French Patent Law in 1791. Prior to this, both Britain and France called patent rights privileges or monopoly rights. Debuvora, the drafter of the French Patent Law at that time, believed that using words like privilege or monopoly would be opposed by the Legislative Assembly and the anti-feudal French people, so he proposed the concept of "industrial property rights". The Paris Convention for the Protection of Industrial Property formulated in 1883 also adopted this term, and the term industrial property has now become an internationally common term.

II. Characteristics:

(1) Exclusive industrial property rights are the exclusive and exclusive rights granted by the state to patentees and trademark holders within the validity period. Rights of use, proceeds and disposal. No third party may use it without the permission of the right holder, otherwise it will constitute infringement;

(2) Regionality The so-called regionality of industrial property rights refers to the geographical restrictions of industrial property rights, that is, the laws of a country The recognized and protected industrial property rights are only valid within the country and have no effect on other countries, that is, they have no extraterritorial effect. If you want to obtain protection from that country, you must obtain the corresponding intellectual property rights in accordance with the laws of that country or obtain protection in accordance with international treaties signed by Japan; (3) Timeliness

The so-called time of industrial property rights Nature refers to the time limit of industrial property rights, that is, the protection of industrial property rights has a certain period of time, which is also the validity period of industrial property rights. When the time limit specified by law expires, the exclusive right of industrial property rights will terminate, the right holder will lose his exclusive rights, and these intellectual achievements will become social wealth.

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