Intellectual property is essentially an intangible property right, and its object is intellectual achievements or knowledge products, an intangible property or formless spiritual wealth, and a labor result created by creative intellectual labor. Like tangible property such as houses and cars, it is protected by national laws and has value and use value. The value of some major patents, well-known trademarks or works is much higher than tangible property such as houses and cars.
type
I. Copyright and industrial property rights
Intellectual property is the ownership of the results produced by intellectual labor, and it is an exclusive right granted to qualified authors, inventors or owners of results in a certain period of time according to the laws of various countries.
It has two types: one is copyright (also known as copyright and literary property rights) and the other is industrial property rights (also known as industrial property rights).
(1) Copyright
Copyright, also known as copyright, refers to the property rights and spiritual rights that natural persons, legal persons or other organizations enjoy in accordance with the law for literary, artistic and scientific works. Mainly including copyright and neighboring rights related to copyright; Usually, what we call intellectual property mainly refers to the copyright of computer software and the registration of works.
(2) Industrial property rights
Industrial property right refers to an intangible property right with practical economic significance in industries such as industry, commerce, agriculture and forestry, so the name "industrial property right" is more appropriate. It mainly includes patent right and trademark right.
Second, personal rights and property rights.
(1) individual rights
From the content point of view, intellectual property rights are composed of personal rights and property rights, also known as spiritual rights and economic rights.
The so-called personal right means that the right is inseparable from the person who has made intellectual achievements, and it is a legal reflection of personal relationship. For example, the author's right to sign a work, or the right to publish or modify a work, is a spiritual right.
(2) Property rights
The so-called property right refers to the right that the obligee can use these intellectual achievements to get remuneration or rewards after they are recognized by law. This right is also called economic right. It refers to the results of intellectual creative labor and the rights that intellectual workers enjoy according to law.
trait
Intellectual property rights have the following characteristics:
1. exclusivity or exclusivity refers to the exclusive right of the intellectual property owner to his intellectual achievements. Intellectual property is an intangible property right, which refers to the results of intellectual creative labor and the rights enjoyed by intellectual workers according to law. This intellectual achievement is not only thought, but also the expression of thought. But it is different from the carrier of thought. The exclusive use of intellectual achievements by the right subject is similar to the ownership in real right, so it was classified as real right in the past.
Second, the object is the creation of human intelligence and belongs to the right of intellectual achievements. It refers to the legal right of spiritual wealth created by all intellectual activities in the fields of science, technology, culture and art.
Third, the object is the result of human creative intellectual labor, which belongs to an intangible property or intangible property, but it is different from intangible property belonging to physical products (such as electricity) and intangible property belonging to rights (such as mortgage and trademark rights). It is the direct product of human intellectual activity (brain activity). Third, the benefits of intellectual property rights are both economic and non-economic. These two aspects are combined and inseparable. Therefore, intellectual property rights are different from neighboring rights and property rights in personality rights (its benefits are mainly economic).
4. Regionality and timeliness. The regionality of intellectual property rights means that, except for signing international conventions or bilateral and multilateral agreements, the rights obtained according to the laws of a country can only be valid within the territory of that country and protected by the laws of that country; The temporality of intellectual property rights means that the laws of various countries stipulate a certain period of time for intellectual property rights, and the rights will automatically terminate after the expiration.
5. Legitimacy: It means that the production, types, contents and acquisition methods of intellectual property rights are directly stipulated by law, and the parties are not allowed to create them freely.