What does intellectual property mean?

English is "intellectual property", which means "knowledge (property) ownership" or rambling about intellectual property rights.

"Knowledge (property) ownership" is also called intellectual achievement right. In Taiwan Province Province of China, it is called intellectual property. According to the general principles of civil law, intellectual property belongs to civil rights, which is the general term of rights based on creative intellectual achievements and industrial and commercial marks. Some scholars have verified that this word was first put forward by the French scholar Kaptsov in the middle of17th century, and later developed by the famous Belgian jurist picardie. Piccadilly defined it as "all rights from intellectual activities". It was not until 1967 that the World Intellectual Property Organization Convention was signed that the word was gradually widely used by the international community.

concept

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. Intellectual property is an intangible property right, which, like tangible property such as houses and automobiles, is protected by national laws and has value and use value. The value of some major patents, well-known trademarks or works is much higher than tangible property such as houses and cars.

type

1. Copyright and industrial property intellectual property is the ownership of the results produced by intellectual labor, and it is an exclusive right granted to qualified authors, inventors or owners of results within a certain period of time according to the laws of various countries. It has two types: one is copyright (also known as copyright and literary property rights) and the other is industrial property rights (also known as industrial property rights). Intellectual property books

Copyright Copyright refers to the general name of the property rights and spiritual rights legally enjoyed by natural persons, legal persons or other organizations for literary, artistic and scientific works. Mainly including copyright and neighboring rights related to copyright; Usually, what we call intellectual property mainly refers to the copyright of computer software and the registration of works. Industrial property right refers to an intangible property right with practical economic significance in industries such as industry, commerce, agriculture and forestry, so the name "industrial property right" seems more appropriate. It mainly includes patent right and trademark right. Second, personal rights and property rights-personal rights are composed of content, and intellectual property rights are composed of personal rights and property rights, also known as spiritual rights and economic rights. The so-called personal right means that the right is inseparable from the person who has made intellectual achievements, and it is a legal reflection of personal relationship. For example, the author's right to sign a work, or the right to publish or modify a work, is a spiritual right. Property right The so-called property right refers to the right that the obligee can use the knowledge achievement to get remuneration or reward after it is recognized by law, also called economic right. It refers to the results of intellectual creative labor and the rights that intellectual workers enjoy according to law.

trait

Intellectual property rights have the following characteristics: 1. Exclusivity, that is, only the obligee can enjoy it, and no one else can exercise it without the permission of the obligee. Intellectual property is an intangible property right, which refers to the results of intellectual creative labor and the rights enjoyed by intellectual workers according to law. This intellectual achievement is not only thought, but also the expression of thought. But it is different from the carrier of thought. The exclusive use of intellectual achievements by the right subject is similar to the ownership in real right, so it was classified as real right in the past. Intellectual property conference

Second, the object is the creation of human intelligence and belongs to the right of intellectual achievements. It refers to the legal right of spiritual wealth created by all intellectual activities in the fields of science, technology, culture, art, etc. Third, the object is the result of human creative intellectual labor and belongs to an intangible property or intangible property, but it is different from intangible property belonging to physical products (such as electricity) and intangible property belonging to rights (such as mortgage and trademark rights). It is the direct product of human intellectual activity (brain activity). Third, the benefits of intellectual property rights are both economic and non-economic. These two aspects are combined and inseparable. Therefore, intellectual property rights are different from neighboring rights and property rights in personality rights (its benefits are mainly economic). 4. Regionality and timeliness. The regionality of intellectual property rights means that, except for signing international conventions or bilateral and multilateral agreements, the rights obtained according to the laws of a country can only be valid within the territory of that country and protected by the laws of that country; The temporality of intellectual property rights means that the laws of various countries stipulate a certain period of time for intellectual property rights, and the rights will automatically terminate after the expiration.

Edit this industrial property right

Invention patents, trademarks and industrial designs constitute industrial property rights. Industrial property rights include patents, trademarks, service marks, names of manufacturers, names of countries of origin, prevention of unfair competition, rights to new plant varieties and exclusive rights to layout design of integrated circuits. Main types:

trademark right

Refers to the exclusive right given by the national law to the trademark authority to protect the registered trademark of the trademark owner. A trademark is a commercial symbol used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional symbols, color combinations or combinations of the above elements. The acquisition of trademark rights in China must fulfill the trademark registration procedure and implement the principle of first application. Trademark is an identification mark in industrial activities, so the function of trademark right mainly lies in maintaining order in industrial activities, which is different from that of patent right mainly in promoting industrial development.

Patent right and patent protection

Refers to the invention-creation that has filed a patent application with the State Patent Office and passed the examination according to law, and granted the patent applicant the exclusive right to invention-creation within a specified time. According to the provisions of China's patent law, inventions are divided into three types, namely, inventions, utility models and designs. After a patent for invention and utility model is granted, the patentee enjoys exclusive rights to his invention and creation. No unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes. After the patent right of a design patent is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, may not manufacture, sell or import the patented product for production and business purposes. Without the permission of the patentee, the implementation of his patent will infringe his patent right and cause disputes, which shall be settled by the parties through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. Of course, there are exceptions to non-infringement, such as prior right to use and use for scientific research purposes. Patent protection adopts the protection mode of "two-way parallel and judicial guarantee" between judicial and administrative law enforcement. The administrative protection in this area takes the form of patrol law enforcement and joint law enforcement, focusing on cracking down on group infringement, repeated infringement and other phenomena that seriously disturb the patent legal environment.

Trade name right

In other words, the manufacturer's name right is the right to use its registered trademark name (manufacturer's name, enterprise name) without interference from others. The trademark right of an enterprise cannot be equated with the right of personal name (a kind of personality right). In addition, such as the name of origin, know-how and anti-unfair competition are also stipulated in the Paris Convention, but the name of origin is not an intellectual achievement, and know-how and unfair competition can only be protected by the anti-unfair competition law, generally not included in the scope of intellectual property rights.

Edit the copyright of this paragraph (copyright)

abstract

Natural science, social science, literature, music, drama, painting, sculpture, photography and film works constitute copyright. Copyright refers to the right of a unit or individual to print, publish and sell a work according to law. Anyone who wants to copy, translate, adapt or perform needs permission from the copyright owner, otherwise it will infringe on the rights of others. The essence of intellectual property rights is to treat human intellectual achievements as property. Copyright is the original author of literary, artistic and scientific works, and it is a civil right enjoyed by his works according to law. In China, copyright in a broad sense includes copyright (in a narrow sense), neighboring rights of works, computer software copyright and so on. , which belongs to the scope stipulated by the copyright law. This is the exclusive right of the copyright owner to use the crop (work). In a narrow sense, copyright is divided into the right of publication, the right of signature, the right of modification, the right to protect the integrity of a work, the right to use it and the right to receive remuneration (article 10 of the Copyright Law). Copyright is divided into personal rights and property rights of works. Copyright, patent right and trademark right sometimes overlap, which is a feature of intellectual property rights.

main content

1: Copyright comes into being from the date of creation. 2. Also called copyright. Divided into personality right and property right of works. Among them, the connotation of the personality right of a work includes the right of public publication, the right of name and the right to prohibit others from using the work to damage the author's reputation by distorting or tampering. 3. Have the following rights: (1) The right of publication, that is, the right to decide whether a work is made public; (2) the right of signature, that is, the right to indicate the identity of the author and sign his name on the work; (3) the right to modify, that is, the right to modify or authorize others to modify a work; (4) the right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering; (5) the right of reproduction, that is, the right to make one or more copies of a work by printing, photocopying, rubbing, audio recording, video recording, copying and remaking. (6) the right of distribution, that is, the right to provide the original or copy of a work to the public by way of sale or gift; (7) the right of lease, that is, the right to temporarily license others to use a film work, a work created by a method similar to filming, and computer software, except that computer software is not the main object of lease. That is, the right to publicly display the original or duplicated works of fine arts and photographic works (9) the right to perform, that is, the right to publicly broadcast the performance of works in various ways (10) the right to show, that is, the right to publicly copy fine arts, photographic works, movies and works created by projector, slide projector and other technical equipment in a way similar to filming (1). The right to disseminate broadcast works to the public through wired transmission or rebroadcasting, the right to disseminate broadcast works to the public through loudspeakers or other similar tools for transmitting symbols, sounds and images (12) the right to disseminate information on the internet, that is, to provide works to the public by wired or wireless means, so that the public can obtain the right to make movies at the time and place they choose (13). That is, the right to fix the work on the carrier by making a film or in a way similar to making a film (14), the right to edit, that is, the right to change the work and create a new work with originality (15), the right to translate, that is, the right to convert the work from one language to another (16), the right to assemble, that is, the right to choose or. Copyright protects the expression of ideas, not the ideas themselves, because while protecting exclusive private property rights such as works' property rights, it also takes into account the accumulation of human civilization and the dissemination of knowledge and information, so algorithms, mathematical methods, technology or machine design are not the objects to be protected by copyright.

Edit this paragraph function

main feature

(1) Intellectual property is an intangible property. (2) Intellectual property rights are exclusive. (3) Intellectual property rights have the characteristics of timeliness. (4) Intellectual property rights have regional characteristics. (5) The acquisition of most intellectual property rights requires legal procedures. For example, the acquisition of trademark rights requires registration.

monopolize

That is, exclusiveness or monopoly; Without the consent of the creditor or the law, no one except the creditor may enjoy or use this right. This shows that the exclusive right of the obligee is strictly protected from infringement by others. Only through legal procedures such as "compulsory license" and "expropriation" can the exclusive right of the obligee be changed. The object of intellectual property is the intellectual achievement of human beings, which is neither a person nor a personality, nor something tangible or intangible outside, so it can neither belong to personality rights nor property rights. On the other hand, intellectual property is a complete right, but the interests as the content of the right are both economic and non-economic, so it cannot be said that intellectual property is a combination of the two types of rights. For example, copyright is the combination of personal rights (or personality rights or spiritual rights) and property rights, which is wrong. Intellectual property is a kind of right with complex content (multiple functions), economy and non-economy. Therefore, intellectual property rights should be juxtaposed with personality rights and property rights and form a class of their own.

sovereign right over territory

That is, it is only valid in the confirmation and protection zone; That is to say, unless an international convention or bilateral reciprocal agreement is signed, the rights protected by a country's laws will only take legal effect in that country. Therefore, intellectual property rights are both regional and international under certain conditions.

in time

In other words, it is only protected for a specified period of time. In other words, the protection of various rights by law has a certain period of validity, and the length of the protection period can be the same or different. Only by participating in international agreements or making international applications can a certain right be uniformly protected.

Belong to absolute rights

In some respects, it is similar to the ownership in real right, such as the right to directly control things, which can be used, benefited, disposed of and controlled by other kinds (but there is no possession problem); Exclusive; Transferability (including inheritance), etc.

legal binding

Although intellectual property is a private right, although the law also recognizes its exclusiveness, it is not suitable for anyone to monopolize for a long time because of the high publicity of human intellectual achievements and the close relationship with the development of social culture and industry. Therefore, the law stipulates many restrictions on intellectual property rights: first, from the perspective of the occurrence of rights, the law stipulates various positive and negative conditions and publicity methods. For example, the occurrence of patent rights requires application and examination and approval. There are various conditions for the invention, utility model and design to be granted patent rights (Articles 22 and 23 of the Patent Law), but some matters are not granted patent rights (Article 25 of the Patent Law). Although there are no restrictions on the application, examination and registration of copyright, there are also restrictions in Articles 3 and 5 of the Copyright Law. Second, the law has special provisions on the term of rights. This is a big difference between intellectual property and ownership. Third, the obligee has a certain obligation to use or implement. The law provides for compulsory license or compulsory license system. For copyright, the law also stipulates a fair use system.

Legal characteristics

Legally speaking, intellectual property rights have three most obvious legal characteristics: first, the regionality of intellectual property rights, that is, except for signing international conventions or bilateral and multilateral agreements, rights obtained according to the laws of a country can only be valid within the territory of that country and protected by the laws of that country; Second, the exclusiveness of intellectual property rights, that is, only the obligee can enjoy it, and others cannot exercise their rights without the permission of the obligee; Third, the timeliness of intellectual property rights, the laws of various countries have stipulated a certain period of time for intellectual property rights.