2 Characteristics of intellectual property, characteristics of intellectual property

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

2. Exclusivity: Intellectual property rights are exclusive to the right subject. No one other than the right holder can enjoy or use such rights without the consent of the right holder or special provisions of the law.

3. Regionality: The intellectual property rights recognized and protected by the laws of a certain country only have legal effect in the territory of that country. 4. Timeliness: The law stipulates a certain period of protection for the protection of intellectual property rights, and intellectual property rights are valid within the statutory period.

1. Property attributes.

2. Intangibility.

3. Exclusivity.

4. Regionality.

5. Timeliness.

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.

<> characteristics of intellectual property rights are as follows: 1. Intangible property rights; 2. Confirmation or grant must be directly provided for by national special legislation; 3. Duality: It has the nature of a certain personal right and includes the content of property rights.

However, trademark rights are an exception, which only protects property rights, not personal rights; 4. Exclusivity: Intellectual property rights are exclusive to the right subject. No one other than the right holder can enjoy or use such rights without the consent of the right holder or special provisions of the law; 5. Regionality:

Intellectual property rights recognized and protected by the laws of a given country have legal effect only in the territory of that country. 6. Timeliness: The law stipulates a certain period of protection for the protection of intellectual property rights, and intellectual property rights are only valid within the statutory period.

Trademark Law of the People's Republic of China

Article 3. Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks, and certification trademarks; The trademark registrant enjoys the exclusive right to use the trademark, and Chan Sell Kuan is protected by law. For the purposes of this Law, the term "collective trademark" refers to a sign registered in the name of a group, association or other organization for use by the members of the organization in commercial activities to indicate the user's membership in the organization.

For the purposes of this Law, a certification mark refers to a sign controlled by an organization that has the ability to supervise a certain goods or services, and is used by an entity or individual other than the organization for its goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services. Special matters concerning the registration and management of collective trademarks and certification marks shall be prescribed by the administrative department for industry and commerce.

Legal analysisCharacteristics of intellectual property rights: 1. Intangible property rights; 2. Confirmation or grant must be directly provided for by national special legislation; 3. Duality: It has the nature of a certain personal right (such as the right to sign) and includes the content of property rights.

However, trademark rights are an exception, which only protects property rights, not personal rights. 4. Exclusivity: The exclusivity of intellectual property rights means that no one other than the right holder can own or use it except with the consent of the right holder or otherwise provided by law. 5. Regionality:

The territoriality of intellectual property rights means that in addition to international conventions or bilateral and multilateral agreements, intellectual property 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. 6. Temporality: The temporality of intellectual property rights refers to the fact that their rights are protected by law within the time limit prescribed by law, and once the validity period prescribed by law is exceeded, this right will be extinguished by itself, or the intellectual property rights will be lost according to law.

Legal basisArticle 123 of the Civil Code of the People's Republic of China Civil subjects 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.

1) Intellectual property is an intangible property.

2) Intellectual property rights have the characteristics of exclusivity. i.e. exclusivity or monopoly; Except with the consent of the right holder or as provided by law, no person other than the right holder shall enjoy or use the right. This shows that the exclusive rights of the right holder to be exclusive or monopolized are strictly protected from infringement by others.

Only through legal procedures such as "compulsory license" and "expropriation" can the exclusive rights of the right holder be changed.

3) Intellectual property rights are temporal. That is, it is protected only for a specified period of time. That is to say, the law stipulates a certain period of validity for the protection of various rights, and the length of the term of protection may or may not be the same in the laws of various countries, and only when participating in international agreements or making international applications can there be a uniform term of protection for a certain right.

4) Intellectual property has the characteristics of territoriality. i.e. only valid within the territory identified and protected; That is, unless there is an international convention or a bilateral reciprocal agreement, a right protected by the law of a country has legal effect only within the scope of that country. Therefore, intellectual property rights are not only territorial, but also international under certain conditions.

5) The acquisition of most intellectual property rights requires legal procedures. For example, the acquisition of trademark rights requires registration.