4. What is an independent trademark?
independent intellectual property rights, also known as proprietary intellectual property rights. It is relative to non-independent intellectual property rights. If a specific social subject, such as an individual, a scientific research institute, an enterprise or a country, can make an "independent" decision on intellectual property rights, that is, whether it is possible to claim the exclusive possession of intellectual property rights and whether it is possible to decide on the use of intellectual property rights independently, intellectual property rights can be divided into independent intellectual property rights and non-independent intellectual property rights. In the guide to the identification of independent intellectual property rights studied by the Ministry of Science and Technology, independent intellectual property rights are defined as follows: The so-called independent intellectual property rights refer to the ownership of a certain technical knowledge asset that is formed by China citizens (natural persons), legal persons or unincorporated units through their leading research and development or design and creation activities, and is legally owned. These include intellectual property rights purchased from natural persons, legal persons or unincorporated units in other countries. Independent intellectual property rights include the autonomy of the right subject and the autonomy of the right object. The so-called autonomy refers to the right of the obligee to realize the property value of an intellectual property asset independently and without the influence of the original obligee of the relevant intellectual property. Independent intellectual property rights can be divided into independent research and independent ownership: independent research mainly refers to an exclusive right enjoyed by citizens, enterprises as legal persons or unincorporated institutions within the territory of a country for the "knowledge products" independently researched, developed and produced by them. Independent ownership, in a broad sense, independent intellectual property rights can be obtained not only by independent research, but also by obtaining permission to buy patents, proprietary technologies, trademarks, software and other rights of other countries or others. Generally speaking, independent intellectual property rights must be industrial property rights, such as trademark rights and patent rights, which can only be possessed by a specific independent single social subject and have the right to decide independently how to use them according to law. Independent intellectual property is a concept with China characteristics. It is a new claim in the era of knowledge economy, which has four characteristics: localization of subject, internalization of ownership, integration of power and publicity of private rights. In the real social and economic life, any social actor can obtain the exclusive possession and exclusive use of a specific intellectual property right by other means, such as buyout. Sometimes, this exclusive possession and exclusive use right can be regarded as having realized the "autonomy" of intellectual property rights, that is, having the right to possess a certain intellectual property right and decide how to use it independently. But this is only one aspect of the problem. On the other hand, as a more realistic and practical independent intellectual property right, it refers to the intellectual property right obtained by a specific social actor, such as an enterprise, through its own personnel and using its own material conditions, after making certain behaviors, such as technological innovation and technological development, and obtaining certain intellectual achievements.