Intellectual property rights include industrial property rights and copyrights. Industrial property rights mainly include patents, trademarks and geographical indications.
Intellectual property refers to the exclusive rights granted by law to people's intellectual achievements in a certain period and region. It has a broad sense and a narrow sense. Intellectual property rights in a broad sense, including copyright, trademark right, patent right, right of discovery and other rights of scientific and technological achievements (stipulated in the General Principles of Civil Law of China); Intellectual property in a narrow sense includes copyright, trademark right and patent right, but does not include the right of discovery and scientific and technological achievements. Generally speaking, intellectual property rights mostly refer to intellectual property rights in a narrow sense.
Intellectual property is an intangible property right, which is different from tangible property right in many aspects. The main difference is that the transfer and precedent of intellectual property rights often do not lead to the transfer or consumption of related things. The transfer and exercise of tangible property rights is bound to be manifested in the transfer and consumption of things. It is the difference between intangible property and tangible property that determines the characteristics of intangible property rights: exclusiveness, regionality and timeliness.
The exclusiveness of intellectual property rights refers to an exclusive and exclusive right enjoyed by the obligee, which is endowed by law. For example, in a technical scheme, Party A and Party B independently discovered that if Party A applied for a patent in the Patent Office before Party B was approved, it would be impossible for Party B to obtain a patent, and if Party B wants to implement this patented technology, it must be approved by Party A, otherwise it would be patent infringement. The obligee can exercise this right by himself or by transferring it to others, and get remuneration from it.
The regionality of intellectual property rights means that the effectiveness of intellectual property rights in space is not unlimited, and it is only protected by the laws of the region in countries or regions recognized by law. Other countries have no obligation to protect this right. If one or several countries need to protect their intellectual property rights, they must apply in accordance with the laws of these countries and get legal protection after approval.
The timeliness of intellectual property means that intellectual property is not an eternal right, and it can only be protected within the legal time. After the expiration of the statutory time limit, this right will automatically disappear, and this intellectual achievement will become the wealth of the whole society and anyone can use it for free.
Industrial property right is the general name of patent right and trademark right. Industrial property rights and copyrights are collectively referred to as intellectual property rights.
Intellectual property rights include industrial property rights and copyrights. Industrial property rights mainly include patents, trademarks and geographical indications.
The term industrial property first appeared in the French patent law of 179 1 year. Prior to this, both Britain and France called patent right privilege or monopoly right. Deborah, the drafter of French patent law at that time, thought that the use of words such as privilege or monopoly would be opposed by the Legislative Assembly and the anti-feudal French people, so she put forward the concept of "industrial property rights".
This term has also been adopted by the Paris Convention for the Protection of Industrial Property formulated by 1833, and the term industrial property has now become an international technical term.
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