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The relationship between intellectual property rights and intellectual property rights

Intellectual achievements are the objects of intellectual property

The objects of intellectual property are the spiritual products created by people in the fields of science, technology, culture and other knowledge forms, that is, knowledge products. Intellectual products are a kind of civil rights object that coexist with material products. Intellectual property rights are usually divided into three categories: patent rights, copyrights and trademark rights.

What are the characteristics of the object of intellectual property?

1. The object of intellectual property is intellectual achievements and commercial marks that do not have a physical form. This is the reason why intellectual property rights are different from property rights. Specifically, the object of copyright is works, the object of patent rights is inventions, and the object of trademark rights is trademarks;

2. Exclusiveness, also called monopoly, means that the same intellectual property There can be only one intellectual property right on a work or commercial mark. For example, if two or more people make the same invention, only one person can be granted a patent; if two people apply for a registered trademark for the same or similar sign on the same type of product, the Trademark Office can only register it for one of them and not both. Everyone is registered;

3. Regional. The meaning of regionality is that intellectual property rights are only valid within the geographical scope of a specific country or region where they are produced. This regionality gradually disappears with the international protection of intellectual property rights; and the authorization and transfer of intellectual property rights are linked to geography. That is to say, the authorization and transfer of intellectual property rights must have a clear geographical scope. If the exercise of intellectual property rights is only authorized within certain geographical scopes, then the authorized person's exercise of the intellectual property rights beyond this geographical scope is an infringement;

4. Temporality. All intellectual property rights have a certain time limit. After this time, the intellectual achievements protected by the intellectual property rights enter the public domain and are shared by all mankind, and anyone can use them free of charge. However, the timeliness of trademark rights is purely based on management needs, and the trademark owner can continuously renew it.

Legal basis: Article 3 of the Copyright Law of the People's Republic of China

The works referred to in this law refer to original works in the fields of literature, art and science. Intellectual achievements that can be expressed in certain forms include:

(1) Written works;

(2) Oral works;

(3) Music, Art works of drama, folk art, dance and acrobatics;

(4) Fine arts and architectural works;

(5) Photographic works;

(6) Audio-visual works ;

(7) Graphic works and model works such as engineering design drawings, product design drawings, maps, schematic diagrams;

(8) Computer software;

( 9) Other intellectual achievements consistent with the characteristics of the work.