Intellectual property is not real right. The difference between intellectual property rights and property rights: intellectual property rights are weaker than property rights in terms of exclusivity and exclusivity. The protection period is different. The term of protection of property rights coincides with its natural life, while intellectual property rights have a clear term of protection. When the protection period expires, this right will be extinguished. The stipulation of value is different. Property rights depend on human labor and socially necessary labor time, while intellectual property rights depend on the needs of the market and people's utilization.

Legal analysis

Intellectual property rights are based on "wisdom", but property rights are not necessarily. Property right: refers to the right holder's direct control and exclusive right to specific things according to law, including ownership, usufructuary right and security right. In other words, it refers to the right of natural persons and legal persons to directly control real estate or movable property, including ownership, usufructuary right and security right. Real estate refers to land, buildings and other land attachments; Chattel refers to something other than real estate. Intellectual property rights: the exclusive rights enjoyed by citizens, legal persons and other subjects on intellectual products produced by their intellectual creation or innovation activities according to law, also known as "intellectual achievement rights" and "intangible property rights", mainly including industrial property rights composed of invention patents, trademarks, industrial designs, and copyrights (copyrights) composed of works such as natural sciences, social sciences, literature, music, drama, painting, sculpture, photography and movies. So intellectual property is not real right.

legal ground

People's Republic of China (PRC) Civil Code

Article 205 This part regulates the civil relations arising from the ownership and use right of things.

Article 123 Civil subjects shall enjoy intellectual property rights according to law. Intellectual property rights are the exclusive rights enjoyed by the obligee to the following objects according to law: (1) works; (2) Inventions, utility models and designs; (3) Trademarks; (4) Geographical indications; (5) Business secrets; (6) Layout design of integrated circuits; (7) New plant varieties; (8) Other objects prescribed by law.