Intellectual property rights include industrial property rights and copyrights. Industrial property rights mainly include patent rights, trademark rights and geographical indications.
Intellectual property rights refer to an exclusive right granted by law to people for their intellectual achievements within 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, discovery right and other scientific and technological achievements rights (as stipulated in the General Principles of Civil Law of China); In a narrow sense, intellectual property rights include copyright, trademark right and patent right, but not 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 ways. 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 must be manifested in the transfer and consumption of things. It is precisely because of the difference between intangible property and tangible property that the characteristics of intangible property rights are determined: exclusivity, regionality and timeliness.
the exclusivity of intellectual property rights refers to an exclusive and exclusive right of 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 to the Patent Office for a patent before Party B was approved, it would be impossible for Party B to obtain a patent, and if Party B wanted to implement this patented technology, it would have to be approved by Party A, otherwise it would be a 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 that region in a legally recognized country or region. Other countries have no obligation to protect this right. If a country or countries need to protect their intellectual property rights, they must apply in accordance with the laws of these countries and get legal protection after examination and approval.
the temporality of intellectual property means that intellectual property is not an eternal right, and it can only be protected within the statutory time limit. After the statutory time limit expires, this right will automatically disappear, and this intellectual achievement will become the wealth of the whole society, and anyone can use it free of charge.
industrial property right is a general term for 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 patent rights, trademark rights and geographical indications.
The term industrial property rights first appeared in the French patent law in 1791. Prior to this, both Britain and France called patent right a privilege or monopoly right. At that time, Deborah, the drafter of French patent law, thought that the use of such words as privilege or monopoly would be opposed by the Legislative Assembly and the anti-feudal French people, so he put forward the concept of "industrial property rights".
This term was also adopted in the Paris Convention for the Protection of Industrial Property, which was formulated in p>1833. The term industrial property has now become a special term used internationally.