1. The Civil Code stipulates that the objects of intellectual property rights include

1. Works;

2. Inventions, utility models, and designs;

4. Geographical indication;

5. Trade secret;

6. Integrated circuit layout design;

8. Other objects specified by law.

2. Definition of intellectual property rights

1. Intellectual property rights are "the collective term for rights generated by law based on creative achievements and industrial and commercial marks."

2. The three most important intellectual property rights are copyright, patent rights and trademark rights. Patent rights and trademark rights are also collectively referred to as industrial property rights.

3. The English name of intellectual property is "intellectual property", which is also translated as intellectual property right, intellectual property right or intellectual property right.

4. "Intellectual property objects are intellectual achievements, which are embodied in inventions, works, trade secrets, and databases. If you study these intellectual achievements, you will find that the intellectual property objects refer to people's The spiritual products created in the fields of science, technology, culture and other knowledge forms are intellectual products. Intellectual products are a kind of civil rights object that coexist with material products (that is, things in the sense of civil law).

Three. , Legal characteristics of intellectual property rights

1. Objects with non-material properties The objects of intellectual property rights are non-material works, inventions and goodwill, etc. They are intangible and must rely on certain The object knowledge of intellectual property is the non-material achievement carried or embodied by the material carrier. This means that obtaining the material carrier does not equal the enjoyment of the intellectual property it carries; secondly, transferring the ownership of the material carrier does not equal the ownership. At the same time, the intellectual property rights carried by it are transferred; finally, infringing the ownership of the material carrier does not mean that it also infringes the intellectual property rights carried by it.

2. Specific exclusivity is also called exclusivity. It means that others are not allowed to perform actions controlled by the exclusive rights of the intellectual property rights without the permission of the intellectual property owner or special provisions of the law, otherwise it will constitute an infringement. There are many differences between the exclusivity of intellectual property rights and the exclusivity of property rights.

3. Timeliness. The timeliness of intellectual property rights means that the protection period of most intellectual property rights is limited. Once the protection period specified by law is exceeded, the creation will no longer be protected and will enter the public domain. Public resources that everyone can use; trademark registration also has legal time effect. If the right owner does not renew the registration after the expiration date, it will also enter the public domain.

4. Unless there is a territorial nature. Special provisions of international treaties, bilateral or multilateral agreements, otherwise the effectiveness of intellectual property rights is limited to the territory of the country. The reason is that intellectual property rights are legal rights and are also the product of a country’s public policy and must be enforced by law in order to exist. , the scope and content of its rights also completely depend on the provisions of domestic laws, and the regulations on the acquisition and protection of intellectual property rights are not exactly the same in various countries. Therefore, except for copyrights, intellectual property rights in one country cannot be automatically protected in other countries. /p>

Legal Basis

Article 123 of the Civil Code

Civil subjects enjoy intellectual property rights in accordance with the law. Intellectual property rights are rights holders’ enjoyment of the following objects in accordance with the law. Exclusive rights:

(1) Works;

(2) Inventions, utility models, and designs;

(3) Trademarks;

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(4) Geographical indications;

(5) Trade secrets;

(6) Integrated circuit layout design;

(7) New plant varieties; (8) Other objects stipulated by law