1. Does intellectual property belong to economic law?
From the perspective of traditional jurisprudence, intellectual property belongs to a part of civil law, because the object of its rights, Chilean fruit, is a typical object of civil rights. Intellectual property has both personal rights and property rights, and is traditionally regarded as a part of civil law.
However, after the rise of economic law, some people think that intellectual property law should belong to the category of economic law according to its characteristics. Due to the special double adjustment means of economic law and the double protection characteristics of social interests and personal interests, intellectual property law has many administrative means, which protect personal interests while limiting personal interests. For example, there are provisions in copyright and patent right that copyright and patent right can be used without the permission of the obligee, and intellectual property law is very international and economical, so there is a tendency to regard intellectual property law as economic law now.
Two. Can the term of intellectual property protection be extended?
The term of protection of intellectual property rights is limited. According to the laws of China, different kinds of intellectual property rights (copyrights, patents and trademarks) have different protection periods.
(1) Copyright
Article 21 of the Copyright Law stipulates: "The protection period of citizens' right of publication and the rights stipulated in Item (5) to Item (17) of Paragraph 1 of Article 10 of this Law is fifty years before the author's death and ends at 65438+February 3 1 day in the fiftieth year after the author's death; If it is a cooperative work, the deadline is 65438+February 3 1 50 years after the death of the last dead author.
(2) Patent right
Article 42 of the Patent Law stipulates: "The term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, counting from the date of application." The term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, both counting from the date of application. The patentee shall pay the annual fee from the year when the patent right is granted.
According to Article 44 of the Patent Law, if the patentee waives his patent right in writing without paying the annual fee as required, the patent right shall be terminated before the expiration of the time limit.
(3) Trademark right
According to Articles 39 and 40 of the Trademark Law, a registered trademark is valid for ten years, counting from the date of approval of registration. Where it is necessary to continue to use a registered trademark after its expiration, it shall apply for renewal of registration within six months before its expiration; Failing to apply within this time limit, a grace period of 6 months may be granted. If no application is made at the expiration of the exhibition period, its registered trademark shall be cancelled. Each renewal of registration is valid for ten years.
Third, the legal characteristics of intellectual property rights.
(1) Intellectual property rights are time-sensitive. Intellectual property rights have a legal protection period. Once the validity period expires, the rights will automatically terminate or disappear, and the related intellectual achievements will become the common wealth of the whole society, and anyone can use them freely.
(2) Intellectual property rights are regional. Regionality means that intellectual property rights obtained according to a country's laws are only valid within that country, but not in other countries. In this respect, intellectual property rights are different from property rights.
(3) Intellectual property rights are exclusive. Intellectual achievements can be used by multiple subjects at the same time, so most intellectual property rights have exclusive rights granted by law, and their exclusiveness makes it impossible for two or more obligees to have the same intellectual achievements at the same time.
(4) Intellectual property rights must be directly confirmed by law. Intellectual property rights have no form, do not occupy space, and are difficult to actually control. Therefore, although the law stipulates that intellectual property rights are civil rights, it does not mean that every citizen enjoys civil rights to the knowledge and wisdom in his mind. The law only recognizes that the object of this civil right is intellectual achievement, not intelligence itself. Therefore, the recognition and protection of intellectual property rights usually require direct and specific legal provisions.
(5) The object of intellectual property is intangible property. The object of intellectual property protection is an intangible spiritual wealth. The intangibility of object is the essential attribute and characteristic of intellectual property, and it is also the most fundamental sign that this right is different from the ownership of tangible property. The difference between intellectual property law and ownership: Intellectual property law refers to the general name of legal norms regulating social relations arising from activities such as ownership, exercise, management and protection of intellectual property rights. The comprehensive and technical characteristics of intellectual property law are very obvious. In intellectual property law, there are both private law norms and public law norms There are both substantive norms and procedural norms.
The above is about whether intellectual property belongs to economic law. To sum up, I would like to remind you that the basic principles, systems and legal norms of civil law are mostly applicable to intellectual property rights, and the public law norms and procedural law norms in intellectual property law serve to confirm and protect intellectual property rights, and do not occupy a dominant position. If you have any legal questions, it is recommended to consult a professional lawyer.