Do intellectual property rights give way to property rights?

Intellectual property rights, also known as "intellectual property rights", refer to "the property rights enjoyed by the right holder to the results created by his intellectual labor", which are generally only valid for a limited time. Intellectual creations such as inventions, designs, literary and artistic works, as well as signs, names, and images used in commerce, can be considered intellectual property owned by an individual or organization. According to Professor Mark Lemley of Stanford Law School, the widespread use of the term "intellectual property" came into existence after the establishment of the World Intellectual Property Organization in 1967.

Intellectual property rights are the exclusive rights to the fruits of intellectual labor created by human beings in the practice of society. 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 has been continuously improved. Nowadays, there is an increasing number of infringements of intellectual property rights, such as patent rights, copyrights, and trademark rights.

The first half of the 17th century gave rise to the modern patent system;One hundred years later, the "patent specification" system was created;More than 100 years later, starting from the needs of the courts in dealing with infringement disputes, the "claims" system was born. In the 21st century, intellectual property is closely related to human life, full of intellectual property, and we can see its important role in business competition.

Patents, trademarks, and industrial designs constitute industrial property rights. Industrial property rights include patents, trademarks, service marks, trade names, appellations of origin, as well as rights to new plant varieties and exclusive rights to layout designs of integrated circuits.

On April 24, 2017, the Supreme People's Court (SPC) issued the Outline for the Judicial Protection of Intellectual Property Rights in China for the first time. In September 2018, the General Office of the Communist Party of China (CPC) issued important documents such as the Opinions on Several Issues Concerning Strengthening Reform and Innovation in the Field of Intellectual Property Adjudication.

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Intellectual property is not a property right. The difference between intellectual property rights and property rights: in terms of exclusivity and exclusivity, intellectual property rights are weaker than real rights.

The term of protection varies. The term of protection of a property right coincides with its natural lifespan, while an intellectual property has a definite term of protection, and upon the expiration of the protection period, the right is extinguished. The prescriptiveness of value is different.

Property rights depend on people's labor and socially necessary labor time, and intellectual property rights depend on the needs of the market and people's use.

Legal analysisIntellectual property rights are generated on the basis of "wisdom", but property rights are not necessarily. Property right: refers to the right holder's direct control and exclusive right to a specific thing in accordance with the law, including ownership, usufruct and security interest.

In other words, it refers to the right of a natural person or legal person to directly dispose of immovable or movable property, including ownership, usufruct and security interest. Immovable property refers to land and land attachments such as buildings; Movable property refers to things other than immovable property. Intellectual Property:

The exclusive rights enjoyed by citizens or legal persons and other entities in accordance with the provisions of the law over the intellectual products produced by their intellectual creation or innovation activities, also known as "intellectual achievement rights" and "intangible property rights", mainly include industrial property rights composed of invention patents, trademarks and industrial designs, and copyright (copyright) composed of works in natural sciences, social sciences, literature, drama, painting, sculpture, photography and cinematography. So intellectual property is not a property right.

Legal basisCivil Code of the People's Republic of China

Article 205: This Part regulates civil relationships arising from the ownership and use of things.

Article 123: Civil entities enjoy intellectual property rights in accordance with law. Intellectual property rights are the exclusive rights enjoyed by the right holder in accordance with the law in respect of the following subject matter: (1) works; (2) Inventions, utility models, and designs; (3) trademarks; (4) geographical indications; (5) Commercial secrets; (6) Layout design of integrated circuits; (7) new varieties of plants; (8) Other subject matter provided for by law.

According to the provisions of the relevant laws of China, intellectual property rights and property rights are private rights, which are a kind of rights in the Civil Code, and property rights refer to the direct and exclusive rights of the right holder to specific things in accordance with the law, and intellectual property rights are the exclusive rights that people enjoy in accordance with the law for their creative intellectual achievements.

Article 123 of the Civil Code stipulates: [Definition of Intellectual Property Rights] Civil subjects enjoy intellectual property rights in accordance with law.

a) the work; Bi Zheng2) inventions, utility models, and designs;

(3) trademarks; (4) geographical indications;

(5) Commercial secrets;

(6) Layout design of integrated circuits;

(7) new varieties of plants;

(8) Other subject matter provided for by law. Those differences between intellectual property rights and property rights.

1. The difference between intellectual property rights and property rights.

1) Differences in the way rights are obtained.

Property rights only need the general confirmation of the law, and do not require specific procedures, but intellectual property rights are usually granted, except for copyright, patents and trademarks need direct and individual confirmation by state organs.

2) Differences in the scope of rights.

The difference in the scope of power is the biggest difference between the two. In real rights, the scope of the right holder's right to prohibit and the right to exclusive use are the same, and the exclusive right occupies a core position. In intellectual property rights, the scope of the right of prohibition is much greater than the right of exclusive use.

3) Regional and temporal differences.

As long as the subject matter of the property right is not lost, the right exists permanently and is not subject to geographical restrictions. However, due to the direct and individual recognition of intellectual property rights, they are inevitably limited by the jurisdiction of the confirmation authority, and they are only protected within the statutory time limit.

2. Similarities between intellectual property rights and property rights.

1) Both are static property dominations.

The property right reflects the possession of tangible property, and the owner of the property right can freely possess, use, benefit and dispose of the tangible property within the scope of the law; Intellectual property rights reflect the possession of intangible property, and the intellectual property owner has the exclusive right to use the intellectual products he enjoys within the scope of the law.

2) Both are hereditary rights and absolute rights.

Both property rights and intellectual property rights are rights that are specific to the subject of rights and not specific to the subject of obligations, and both take the general public as the subject of obligations. Both the property right holder and the intellectual property owner can realize their rights independently, and no one has the obligation of inaction against the property rights and intellectual property rights of others without the assistance of the obligor's positive actions.

3) Both follow the principle of legalism.

In order to avoid the third party from suffering unharmed, it is required that the types and basic contents of the real right and intellectual property rights shall be prescribed by the law or law, and the creation and change of the two shall also be publicized (especially the immovable property) so that the third party outside the transaction can be assured.

Legal basis: Trademark Law of the People's Republic of China

Article 2 The Trademark Office of the Administration for Industry and Commerce is in charge of the national trademark registration and management.

Article 3 A trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the wild digging trademark and is protected by law.

Analysis of the law of legal disturbance: intellectual property rights are not property rights, and intellectual property rights are the general term for the rights of Gao Li Xian based on creative and intellectual achievements and industrial and commercial marks. Property right refers to the right of the right holder to directly control a certain thing within the scope of the law and exclude the interference of others.

Property rights and intellectual property rights are both private rights, and they are both rights in civil law - civil rights.

Legal basis: Article 123 of the Civil Code of the People's Republic of China Civil subjects enjoy intellectual property rights in accordance with law.

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

(3) trademarks; (4) geographical indications;

(5) Commercial secrets;

(6) Layout design of integrated circuits;

(7) new varieties of plants;

(8) Other subject matter provided for by law.