What are the legal characteristics of intellectual property?

1) Intellectual property rights are temporal. Intellectual property rights have a statutory term of protection, and once the validity period expires, the rights will be terminated or extinguished by themselves, and the relevant intellectual achievements will become the common wealth of the whole society, and anyone can use them freely.

2) Intellectual property rights are territorial. Territoriality means that intellectual property rights acquired under the laws of one country are valid only within the territory of that country and do not have effect in other countries. In this regard, intellectual property rights are not the same as property rights.

3) Intellectual property rights are exclusive. Intellectual achievements can be used by multiple subjects at the same time, so most intellectual property rights have exclusive rights granted by law, and its exclusivity makes it impossible for two or more owners of the same intellectual achievement to exist at the same time.

4) Intellectual property rights must be directly confirmed by law. Intellectual property has no form, does not occupy space, and is difficult to control. Therefore, although the law provides that intellectual property rights are a civil right, it does not mean that every citizen has a civil right to the knowledge and ingenuity of his or her head.

The law recognizes only that the object of such civil rights is the result of the intellect, not the intellect itself. Therefore, the recognition and protection of intellectual property rights usually require direct and specific provisions in the law.

5) The object of intellectual property is intangible property. The object protected by intellectual property rights is a kind of disembodied spiritual wealth. The immateriality of the subject matter is the essential attribute and characteristic of intellectual property rights, and it is also the most fundamental sign that distinguishes this right from the ownership of tangible property.

Difference from ownership: Intellectual property law refers to the general term for legal norms that regulate social relations arising from activities such as the ownership, exercise, management and protection of intellectual property rights. The comprehensive and technical characteristics of intellectual property law are very obvious, in intellectual property law, there are both private law norms and public law norms; There are both substantive and procedural norms.

The characteristics of intellectual property include intangibility, legislative provisions, duality, exclusivity, territoriality, and temporality.

Intangible property rights. Recognition or grant must be directly provided for by specific national legislation. Duality:

It has the nature of a certain personal right (such as the right to sign) and also includes the content of a property right. However, trademark rights are an exception, which only protects property rights, not personal rights. Exclusivity:

Intellectual property rights recognized and protected by the laws of a given country have legal effect only in the territory of that country. Timeliness: The law stipulates a certain period of protection for the protection of intellectual property rights, and intellectual property rights are only valid for the statutory period.

The intellectual property major cultivates intellectual property professionals who can engage in specialized intellectual property affairs such as trademarks and patents in law firms, patent firms, trademark firms, etc., as well as specialized intellectual property judicial trials and other legal affairs in public, procuratorial and legal departments, or engage in intellectual property management affairs in copyright office, trademark office, patent office, science and technology bureau and other departments.

Legally, intellectual property has three of the most obvious legal characteristics:

1) The territoriality of intellectual property rights, that is, except for international conventions or bilateral and multilateral agreements, the rights obtained under the laws of a country can only be valid within the territory of that country and are protected by the laws of that country.

2) The exclusivity of intellectual property rights, that is, only the right holder can enjoy it, and others may not exercise their rights without the permission of the right holder.

3) Temporality of intellectual property rights, the laws of various countries stipulate a certain period of time for intellectual property rights, after which the rights will be automatically terminated.

1. How to carry out legal provisions on intellectual property rights protection.

Article 60 of the Patent Law of the People's Republic of China provides that if the patentee exploits its patent without the permission of the patentee, that is, infringes its patent right, and a dispute arises, the parties shall settle it through negotiation; If the patentee is unwilling to negotiate or fails to reach an agreement, the patentee or interested party may file a lawsuit with the people's court, or may request the department in charge of patent work to handle the matter.

If the department in charge of patent affairs finds that the infringement is established, it may order the infringer to immediately stop the infringement, and if the party concerned is not satisfied, it may file a lawsuit with the people's court in accordance with the Administrative Litigation Law of the People's Republic of China within 15 days from the date of receipt of the notice of disposition; If the infringer does not sue and does not stop the infringement after the expiration of the time limit, the department in charge of patent affairs may apply to the people's court for compulsory enforcement. At the request of the parties, the department responsible for the administration of patent work may mediate the amount of compensation for patent infringement; If mediation fails, the parties may file a lawsuit with the people's court in accordance with the Civil Procedure Law of the People's Republic of China.

2. How to protect intellectual property rights.

1) Self-settlement: A settlement agreement is reached on the basis of equal consultation between the two parties. Self-settlement: Resolve disputes quickly and amicably, leaving room for continued cooperation and saving manpower, material and financial resources.

2) Apply to the patent administration authority for mediation and handling, and rely on administrative means to order the infringer to stop the infringement and punish him. Apply to the patent administration authority for mediation and handling, and the scope of mediation includes: patent royalty disputes, patent award fee disputes, patent application rights disputes, patent ownership disputes, patent contract disputes, patent infringement disputes, etc.

The advantage is that the procedure is simple and the processing is fast.

3) Filing a lawsuit with the court to demand that the infringer stop the infringement and compensate for the economic losses caused by the infringement. Filing a lawsuit in court: It can effectively attack competitors, consolidate the market advantage it already has, and also get a compensation from the infringer.

The judgment or mediation document of the people's court has the force of law and is guaranteed to be enforced by the state.

1. Intellectual property rights are temporal. Intellectual property rights have a statutory term of protection, once the validity period expires, the right will be terminated or extinguished, and the relevant intellectual achievements will become the common wealth of the whole society, and anyone can use it freely;

2. Intellectual property rights are territorial. Territorial nature generally means that intellectual property rights acquired under the laws of one country are valid only within the territory of that country and have no effect in other countries. In this regard, intellectual property rights are not the same as property rights.

3. Intellectual property rights are exclusive;

4. Intellectual property rights must be directly confirmed by law;

5. The object of intellectual property is intangible property.

Civil Code of the People's Republic of China

Article 123.

Civil entities enjoy intellectual property rights in accordance with law.

a) the work; 2) Inventions, utility models, and designs;

c) trademarks; 4) geographical indications;

5) Trade secrets;

6) Layout design of integrated circuits;

7) New plant products to accompany the congratulatory species;

8) Other subject matter provided for by law.

1. The composite nature of the subject, the subject of common intellectual property rights is not one person, but two or more people;

2. Unity of rights, in the common relationship of intellectual property rights, several people enjoy the same intellectual property rights. Although there are many right holders, there is only one intellectual property right. If several persons have different intellectual property rights for the same intellectual property right, it does not constitute intellectual property sharing, such as the coexistence of complete intellectual property rights and limited intellectual property rights;

3. The specificity of the object, the object of the common intellectual property rights, that is, the common intellectual property rights must be specific. However, it is not required to have a single object, because in the case of common integration, the object is not one, but a collection of multiple intellectual properties. On the issue of the duration of the co-ownership relationship, the co-ownership of intellectual property cannot be divided, and the co-owners cannot agree that each co-owner shall enjoy a certain part of the intellectual property rights respectively, such as different parts of the painting and the creative fragment of **.

the rights of each co-owner and the intellectual property as a whole;

4. The separability of internal relations, in the internal relations of the co-owners of intellectual property rights, such as the division of the common property after the termination of the co-ownership relationship, or the sharing of the income of the common property, shall be carried out according to a certain share. In other words, from the point of view of internal relations, the relationship between the co-owners is possible, and the relationship between the co-owners is divisible. In external relations, this is inseparable due to the intellectual property rights enjoyed by each co-owner.

Intellectual property sharing is a widespread phenomenon in social and economic life. Complex creative intellectual labor often cannot be performed by a single individual or organization, and requires the combination of multiple individuals and organizations, resulting in intellectual property sharing. Intellectual property law needs to confirm and standardize the common relationship of intellectual property, establish a common system of intellectual property, correctly resolve the relationship of rights and obligations between co-owners, and promote the development of the knowledge economy and the implementation of the national intellectual property strategy.

To sum up, the common legal characteristics of intellectual property include the composite nature of the subject, the unity of rights, the characteristics of the object and the separability of internal relations.

Anti-Unfair Competition Law of the People's Republic of China》 Article 1 This Law is formulated so as to promote the healthy development of the socialist market economy, encourage and protect fair competition, stop acts of unfair competition, and protect the lawful rights and interests of business operators and consumers.