Generally speaking, intellectual property refers to the exclusive rights enjoyed by citizens, legal persons or other organizations in the fields of science and technology, literature and art, mainly based on intellectual labor.
Intellectual property rights in a broad sense include the rights of the following objects: literary, artistic and scientific works, performances by performing artists, records and radio programs, inventions in all fields of human beings, scientific discoveries, industrial designs, trademarks, service marks, commodity names and marks, cessation of unfair competition, and all rights arising from intellectual activities in the industrial, scientific, literary and artistic fields.
Intellectual property in a narrow sense only includes copyright, patent right, trademark right, name right and stopping unfair competition, but does not include the right of scientific discovery, invention and other scientific and technological achievements.
Characteristics of intellectual property rights
The characteristics of intellectual property rights can be summarized as follows:
1. Intangible property rights.
2. Confirmation or award must be directly stipulated by special national legislation.
3. Duality: it not only has the nature of some personal rights (such as the right to sign), but also contains the content of property rights. But the trademark right is an exception, it only protects property rights, not personal rights.
4. Appropriateness: Intellectual property is the exclusive right of the right subject. Without the consent of the creditor or special provisions of the law, no one except the creditor may enjoy or use this right.
5. Regionality: Intellectual property rights recognized and protected by a country's laws have legal effect only within the country.
6. Timeliness: The law stipulates a certain period of protection for intellectual property rights, and intellectual property rights are only valid within the statutory period.
Functions of intellectual property system:
1. It is conducive to the integration of China's economy with the international economy;
2. It is conducive to encouraging invention and promoting technological innovation;
3. Conducive to the introduction of foreign advanced technology;
4. It is conducive to attracting overseas investment;
5. This is beneficial to open up the international market.
International development of intellectual property system
The international development of intellectual property system refers to the gradual simplification, unification and internationalization of intellectual property system in the world in terms of substantive content and application and approval procedures.
On the one hand, the regional, intangible and easy-to-spread nature of intellectual property rights makes it impossible for intellectual achievements produced in China to obtain natural protection abroad; On the other hand, due to the rapid development of media and communication tools and the increasing frequency of international exchanges, a large number of intellectual achievements can easily cross national borders and enter other countries. If these intellectual achievements are not effectively protected internationally, it will inevitably affect and hinder international trade and normal scientific and technological cultural exchanges and cooperation. The international development of intellectual property system reflects the objective requirements of international scientific, technological and economic development. Because of this, countries all over the world concluded the Paris Convention for the Protection of Industrial Property in Paris in 1883, and it came into effect in 1884. China formally joined the Paris Convention on March 1985. In addition, China has joined the international conventions on intellectual property protection: madrid agreement concerning the international registration of marks, Berne Convention for the Protection of Literary and Artistic Works, universal copyright convention, Patent Cooperation Treaty, etc.
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