Legal subjectivity:

Intellectual property rights refer to the exclusive rights that citizens, legal persons or other organizations enjoy in accordance with the law on the intellectual achievements completed by creative labor in science and technology or culture and art. right. This definition includes three meanings: (1) Shanghai The object of intellectual property is the intellectual achievements of people, which some people call spiritual (wisdom) outputs. This kind of output (intellectual achievement) also belongs to a kind of intangible property or intangible property, but it is different from the kind of intangible property that belongs to physical products (such as electrical), and the kind of intangible property that belongs to rights (such as mortgage rights). , trademark rights), it is a direct product of human intellectual activity (brain activity). This kind of intellectual achievement is not just thought, but the expression of thought. But it is different from the carrier of thought. (2) The right subject has exclusive and exclusive use of intellectual achievements. In this regard, it is similar to ownership in real rights, so it was classified as property rights in the past. (3) The benefits obtained by rights holders from intellectual property rights are both economic and non-economic in nature. These two aspects are combined and inseparable. Therefore, intellectual property rights are different from personality rights, family rights (the benefits are mainly non-economic), and property rights (the benefits are mainly economic). Intellectual property rights include: industrial property rights and copyright (called copyright in our country). Industrial property rights consisting of invention patents, trademarks, and industrial designs. Industrial property rights include patents, trademarks, service marks, manufacturer names, names of origin, suppression of unfair competition, etc. The following only points out some of the main types of industrial property rights: Trademark rights refer to the exclusive rights granted by the trademark authority to the trademark owner in accordance with the law to protect registered trademarks under national laws. A trademark is a commercial sign used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional signs, color combinations, or a combination of the above elements. The acquisition of trademark rights in my country must go through the trademark registration procedures, and the first-to-file principle is implemented. Trademark is an identification mark in industrial activities, so the role of trademark rights is mainly to maintain order in industrial activities, which is different from the role of patent rights, which is mainly to promote the development of industries. Patent rights and patent protection refer to an invention-creation filing a patent application with the National Patent Office. After passing the examination in accordance with the law, the patent applicant is granted the exclusive right to the invention-creation within a specified period of time. After an invention-creation is granted a patent, the patentee has exclusive rights to the invention-creation. No unit or individual may exploit the patent without the permission of the patentee, that is, they may not manufacture, use, offer for sale, or sell for production and business purposes. Sells and imports its patented products. Exploiting the patent without the permission of the patentee will infringe upon the patent right. If a dispute arises, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or a closely related person may sue the People's Court or request management. The department handles patent work. Patent protection adopts a protection model of "two channels, parallel operations, and judicial protection" of judicial and administrative law enforcement. Administrative protection in this region adopts the form of patent enforcement in the form of roving enforcement and joint enforcement, concentrating efforts and focusing on intensifying the crackdown on group infringement, repeated infringement and other phenomena that seriously disrupt the patent legal environment. Trade name rights. That is, the manufacturer's name right is a right to use one's registered trade name (manufacturer name, company name) without interference from others. An enterprise's trademark right cannot be equated with an individual's name right (a type of personality right). In addition, appellations of origin, proprietary technology, anti-unfair competition, etc. are also stipulated in the Paris Convention, but appellations of origin are not intellectual achievements, and proprietary technologies and unfair competition can only be protected by the Anti-Unfair Competition Law, which are generally not included. into the scope of intellectual property rights. Works in the natural sciences, social sciences, and literature, music, drama, painting, sculpture, photography, and cinematography constitute copyright. Copyright is the legally stipulated right for a certain unit or individual to print, publish and sell a certain work. Anyone who wants to copy, translate, adapt or perform must obtain the permission of the copyright owner, otherwise it will be an infringement of the rights of others. Behavior. The essence of intellectual property rights is to treat human intellectual achievements as property.

Copyright is a civil right enjoyed by original authors of literary, artistic, scientific and technological works in accordance with the law. Copyright. In our country, when copyright is used in a broad sense, it includes (in a narrow sense) copyright, copyright related rights, computer software copyright, etc., which fall within the scope of the Copyright Law. This is the exclusive right of the copyright owner to exclusively exploit the work (work). Copyright in the narrow sense is further divided into the right to publish, the right to authorize, the right to modify, the right to protect the integrity of the work, the right to use and the right to receive remuneration (Article 10 of the Copyright Law). Copyright is divided into personal rights and property rights. Copyright, patent rights, and trademark rights sometimes overlap, which is a characteristic of intellectual property rights.