Detailed Legal Characteristics Of Intellectual Property Rights

" intellectual property right "The word" frequency "has been used more and more frequently in our country, but what is it? intellectual property right What is the difference between this right and traditional civil rights?

According to the establishment of the world intellectual property right The provisions of article second (8) of the Organization Convention include: the right to literary, artistic and scientific works; the right of performing artists to perform, record and broadcast; the right to invent in all fields of human development; the right to scientific discovery; the right to design the arts and crafts; the right to trademarks, service marks, manufacturers' names and markings; The right to stop unfair competition and all other rights arising from intellectual activities in the fields of industry, science, literature and art.

The above provisions cover what is currently considered to be intellectual property right All rights. In accordance with the provisions of the Convention, we can conclude the definition of intellectual property rights: intellectual property right It is the right of a civil subject to control creative intellectual achievements, business marks and other information with commercial value and exclude others from interfering in accordance with the law.

      intellectual property right Right

      1. control rights

That is to control the rights of the objects protected by rights. The object of intellectual property protection is immaterial information, and can not be implemented like material property. The right holder's control of the object of protection of rights can only rely on the rights granted by law. Control right is a prerequisite for the exercise of other intellectual property rights.

2. the right to use

It refers to the right of the obligee to use his right protection object according to its nature and purpose, such as using the patent method to produce the product, using his trademark on his own product, displaying his own work, publishing, adapting, performing his own work, etc. The obligee can use himself or authorize others to use it.

      3. disposition right

It refers to the right of the obligee to dispose of his rights according to his own meaning, including the right to set up the pledge, to license others to use, to transfer, to sell, to give, to invest, to cast aside, and so on.

      4. right of income

That is, the right to obtain property interests through the use or punishment.

In addition, as a legal right, intellectual property rights, of course, have the power to exclude others from infringement, which is self-evident. However, for intellectual property right It is of special importance to exclude the power of infringement. Because the object of intellectual property protection is information with commercial value. This information can be quickly spread and mastered by many people, and people who master information can be implemented as long as they have certain conditions, such as producing patented products, copying computer software, counterfeiting registered business standards, etc.

If the obligee can not effectively exclude these infringements, its commercial interests will be seriously damaged. From the perspective of law enforcement, the scope of the scope of intellectual property rights is defined from two aspects: the positive and negative aspects. Whether the defendant's behavior constitutes a tort depends on whether his behavior falls into the scope of validity of intellectual property. Therefore, it is of great significance to define the scope of the right of prohibition.

     intellectual property right Protection objects

The characteristics, contents and relief methods of rights are ultimately determined by the characteristics of the objects of rights protection. Therefore, to study the characteristics of intellectual property rights, we must first study the objects of their protection.

      intellectual property right Most of the objects protected are the results of intellectual activities, such as the design of literature, art and scientific works, new products and new methods. As for trademarks, trade names and so on, the law regards them as a sign of commercial activities, not as intellectual achievements. However, whether it is intellectual achievements or commercial signs, they all possess property value, and they are all man-made information, that is, information related to human activities.

Natural information should be kept in the public domain and should not be included in the scope of intellectual property protection. "Knowledge property is related to all kinds of information. People combine these information with all kinds of visible substances, and at the same time, they are replicated in different parts of the world.

Intellectual property is not included in these reproductions, but is contained in the information reflected in these replicas. But these reproductions are not property, and the information embodied in these reproductions is property "(see World Intellectual Property Organization," intellectual property talks ", world knowledge press, 1992 edition, fourth pages). The intellectual property law protects people's interest in controlling and controlling such information.

      Act as intellectual property right The protection of object information has the following important characteristics.

      1. information is a kind of spiritual wealth that can exist permanently.

As the object of intellectual property protection, once human information is generated, it will become part of human spiritual wealth and will not be consumed or destroyed by the passage of time. During the period of legal protection, it is monopolized by the obligee. After the expiration of the protection, the information will enter the public domain and become a public spiritual wealth, and everyone can make free use of it. Material property will be consumed or destroyed in use, or even gradually depleted and eventually eliminated because of the passage of time. Therefore, the ownership of material property does not need to stipulate the validity period. Its life expectancy is always consistent with the object of protection. The duration of protection for knowledge information that can be kept permanently is a policy choice to balance the interests between innovation and social public interest.

      2. information needs to be attached to a certain carrier.

Information must be attached to a certain material carrier and be perceived by people. The information of the same content can be carried by different vectors, and can be transformed between different vectors. If an invention can be described in words, expressed in drawings, it can also be expressed in terms of models. The patented product can produce thousands of items, but the patent technology scheme contained in it is exactly the same. Although information can not be separated from the carrier, the concept of information must be separated from the carrier of information. This is the difficulty in learning intellectual property rights and the key to understanding the various systems of intellectual property rights.

      3. information can be infinitely duplicated and widely disseminated.

Information has Sun Wukong's skill of separation, which can be duplicated with the same or different carriers, and material property does not have such characteristics. The imitation of a tangible object is essentially a reproduction of the shape of the tangible. Here, the tangible is actually the carrier of its modeling design. Through the transformation and movement of carriers, information is widely disseminated. Today, with the development of all kinds of media, a piece of information can be spread throughout the world in a very short time, and it is mastered and utilized by millions of people. A material property can only exist in one place at the same time, and it can not happen in more than two places at the same time.

4. the content of information can be shared.

Through wide dissemination, information can be used by many people in the same or different places at the same time, and this use will not cause loss to the information itself. On the contrary, the more people who use it, the greater the value of information realization. In the information exchange, the recipient does not lose the possession of the information because he receives a certain information; while a person sells his own apple to another person, he completely loses the possession of these apples. This is the essential difference between material property and information.

This characteristic of information is called shareability. Shareability is the main reason to decide a series of special systems that distinguish intellectual property law from property law. For example, the licensing system in the intellectual property law, the compulsory license system in the patent law, the reasonable use of the copyright law and the statutory license system are all aimed at encouraging and facilitating the dissemination and utilization of technology and works, and preventing the rights holders from monopolistic harm to the public interest.

     5. the content of information can be combined and reorganized, and distortion and innovation will take place in it.

The content of information can produce compound information by matching each other. As a cognitive subject, the generation of human cognitive image is a compound information produced by the matching of the original internal cognitive information and the external object information. In the recombination of information, the original information may be distorted and distorted due to the different observation angles, understanding ability and key points of the subject.

In the process of distortion, there is always the creation of new information patterns, that is, information innovation. The so-called "author's death" means that. This feature can also explain why in the administrative and judicial practice of intellectual property rights, people will have different or even opposite understanding of whether the same technology, the same piece of work, the same trademark should be authorized and whether it constitutes a tort. We can try to narrow this difference of understanding, but we can never eliminate this difference.

      6. no control.