1, the concept of intellectual property, generally speaking, refers to the exclusive rights enjoyed by citizens, legal persons or other organizations in the fields of science and technology, literature and art, mainly based on intellectual labor.
Intellectual property rights in a broad sense include the rights of the following objects: literary, artistic and scientific works, performances by performing artists, records and radio programs, inventions in various fields of human beings, scientific discoveries, industrial designs, trademarks, service marks, commodity names and signs, and all rights arising from the suppression of unfair competition and intellectual activities in the industrial, scientific, literary and artistic fields. Intellectual property in a narrow sense only includes copyright, patent right, trademark right, name right and the right to stop unfair competition, but it does not include the right to scientific discovery, invention and other scientific and technological achievements.
2. The characteristics of intellectual property rights can be summarized as: (1) intangible property rights. (2) Confirmation or award must be directly stipulated by special national legislation.
(3) Duality: both the nature of some personal rights (such as the right to sign) and the content of property rights. But the trademark right is an exception, it only protects property rights, not personal rights.
(4) Appropriateness: Intellectual property belongs exclusively to the subject of rights. Without the consent of the creditor or special provisions of the law, no one except the creditor may enjoy or use this right.
(5) Regionality: Intellectual property rights recognized and protected by a country's laws have legal effect only within the country. (6) Timeliness: the law stipulates a certain period of protection for intellectual property rights, and intellectual property rights are valid within the statutory period.
Importance of intellectual property rights
Intellectual property is the exclusive right of intellectual labor achievements created by human beings in social practice. Intellectual property rights refer to people's rights to the achievements created by their own intellectual activities and the marks and reputations they enjoy in business management activities according to law. Significance of intellectual property rights: (1) Providing legal protection for the rights and interests of people who have completed intellectual achievements. Inspired people's enthusiasm and creativity in scientific and technological research and literary and artistic creation. (2) Providing a legal mechanism for the popularization, application and dissemination of intellectual achievements, transforming intellectual achievements into productive forces and applying them to production and construction, resulting in enormous economic and social benefits. (3) It provides legal norms for international economic, technological, trade and cultural and artistic exchanges, and promotes the progress of human civilization and economic development. (4) As an important part of modern civil and commercial law, the legal system of intellectual property rights has played an important role in perfecting China's civil and commercial law.
What does intellectual property mean?
Intellectual property, also known as "intellectual property rights", refers to "the property rights enjoyed by the obligee on the fruits created by his intellectual labor", which is generally only valid for a limited time.
All kinds of intellectual creations, such as inventions, designs, literary and artistic works, as well as signs, names and images used in business, can be regarded as intellectual property rights owned by a certain person or organization. According to Professor Mark Lemley of Stanford University Law School, the word "intellectual property" was widely used after the establishment of 1967 World Intellectual Property Organization.
Intellectual property is the exclusive right of intellectual labor achievements created by human beings in social practice. With the development of science and technology, in order to better protect the interests of property owners, the intellectual property system came into being and was constantly improved.
Nowadays, there are more and more violations of intellectual property rights such as patents, copyrights and trademarks. The modern patent system came into being in the first half of17th century. A hundred years later, the "patent specification" system came into being; More than a hundred years later, the system of "patent claim" came into being for the need of the court to deal with infringement disputes.
2 1 century, intellectual property rights are closely related to human life and are everywhere. We can see its important role in business competition. Invention patents, trademarks and industrial designs constitute industrial property rights.
Industrial property rights include patents, trademarks, service marks, manufacturer's name and country of origin, as well as the right to new plant varieties and the exclusive right to layout design of integrated circuits.
Concept and characteristics of intellectual property rights
The characteristics of intellectual property rights can be summarized as follows:
(1) Intangible property right.
(2) Confirmation or award must be directly stipulated by special national legislation.
(3) Duality: both the nature of some personal rights (such as the right to sign) and the content of property rights. But the trademark right is an exception, it only protects property rights, not personal rights.
(4) Appropriateness: Intellectual property belongs exclusively to the subject of rights. Without the consent of the creditor or special provisions of the law, no one except the creditor may enjoy or use this right.
(5) Regionality: Intellectual property rights recognized and protected by a country's laws have legal effect only within the country.
(6) Timeliness: the law stipulates a certain period of protection for intellectual property rights, and intellectual property rights are valid within the statutory period.
What is the real meaning of intellectual property?
Generally speaking, there are three types of property: movable property, immovable property and intellectual property, of which the latter is intellectual property.
Intellectual property is an intangible property right, which is legally enjoyed after engaging in intellectual and creative activities. It is usually divided into two parts, namely "industrial property rights" and "copyright". According to the provisions of the Convention on the Establishment of the World Intellectual Property Organization signed in Stockholm in 1967, intellectual property rights include the rights to the following intellectual property rights: literary, artistic and scientific works; Performances by performing artists and records and radio programs; Inventions in all fields of human activities; Scientific discovery; Industrial product design; Trademarks, service marks and enterprise names and marks; Stop unfair competition in industry, science, literature or art and all other rights arising from intellectual activities. In a word, intellectual property rights involve all the achievements of human intellectual creation.
Legally speaking, intellectual property rights have three characteristics: 1, regional, that is, except for signing international conventions or bilateral and multilateral agreements, rights obtained according to a country's laws can only be valid within its territory and protected by its laws; 2, exclusive or exclusive, that is, only the obligee can enjoy, without the permission of the obligee, others may not exercise their rights; 3. Timeliness: the national laws stipulate a certain period of time for intellectual property rights, and the rights will automatically terminate after the expiration.
In order to protect the fruits of intellectual labor and promote invention and innovation, as early as 100 years ago, the international system for protecting intellectual property rights was established. 1883, the Paris Convention for the Protection of Industrial Property was signed in Paris; 1886, Berne Convention for the Protection of Literary and Artistic Works was signed in Berne, Switzerland; And signed the madrid agreement concerning the international registration of marks in Madrid on 189 1. In addition, hague agreement concerning the international deposit of industrial designs (1925), Nice Agreement on the International Classification of Goods and Services Registered with Trademarks (1957), Lisbon Agreement on the Protection of Names of Origin and Their International Registration (1958) and Patent Cooperation Treaty (1958) have been signed successively.