China's intellectual property rights mainly include

Intellectual property

Ownership of intellectual property rights. Also known as the right to intellectual achievements.

Intellectual property rights are the rights enjoyed by law for the innovative achievements produced by intellectual labor. Intellectual property is an important part of civil rights of citizens or legal persons, including personal rights and property rights.

Personal rights refer to the inalienable rights between intellectual achievements and their creators, such as the right of authorship of inventors, discoverers or authors. In China, the personal rights of intellectual property rights cannot be transferred, donated or inherited.

Property right refers to the right of the obligee to get remuneration or reward by exercising his own rights after legally obtaining intellectual achievements, such as obtaining transfer fees for achievements and receiving bonuses.

Intellectual property has the following characteristics: ① Intangible. Intellectual property is the result of intellectual labor and intangible property specially protected by law. Compared with tangible property, it is different in the generation of rights, the performance of infringement and the protection of law. 2 exclusivity. Intellectual property rights are exclusive and exclusive. Because intellectual property is an intellectual achievement, it is easy to spread and is actually possessed and used by many people at the same time, so only by giving it exclusivity by law can it be protected. Intellectual property rights are exclusive to the obligee, and only one ownership subject can be determined according to law; ③ regionality. Intellectual property rights recognized and protected by a country or region are only valid within the scope of that country or region; 4 timeliness. Intellectual property rights are only valid within the statutory time limit, and they will expire at the expiration of the time limit. Prescription is aimed at property rights, not personal rights.

The scope of intellectual property rights includes copyright and industrial property rights. Copyright refers to the author's exclusive right to sign, publish, publish, transfer and get remuneration for literary, scientific or artistic works according to law. Industrial property right refers to the exclusive right of the inventor or designer to manufacture, use, sell and transfer inventions, utility models, designs or trademarks according to law.

Intellectual property is the general name of human creative achievements as a kind of property right in law, and it is a right about the achievements of intellectual activities.

Intellectual property is an intangible property right that has been historically produced with the development of commodity economy and science and technology. Traditional intellectual property rights are mainly composed of industrial property rights and copyrights. Industrial property rights include patent rights, trademark rights and the right to prohibit unfair competition; Copyright includes author's right and work disseminator's right. After the establishment of the World Intellectual Property Organization, the content of intellectual property rights has gone far beyond the original industrial property rights and copyrights, but extended to all the achievements of human intellectual creation, such as scientific discoveries, folk literature, non-patented technologies and so on. The scope of intellectual property rights involved in the General Principles of Civil Law in China has also been expanded, which is not the traditional scope.

Intellectual property rights generated by scientific and technological achievements can take many forms. As far as the technical content of scientific and technological achievements is concerned, if you apply for a patent, it is a patent right; If you don't apply for a patent, you will show the right of non-patented technological achievements or technical secrets. As far as the manifestations of scientific and technological achievements are concerned, there is copyright in scientific and technological works or papers. After the implementation of scientific and technological achievements, there is the trademark right of scientific and technological products. Technological inventions containing computer software can be protected by patents, technical secrets and copyrights. The scope of protection of intellectual property rights involves all scientific and technological achievements.

The characteristics of intellectual property rights are as follows:

(1) Intellectual property is a perishable property right. Although knowledge is intangible, the application result of knowledge is tangible. After the tangible transaction, it is difficult not to be copied and uncovered by others, and to further create on the existing achievements, resulting in the reduction or loss of the economic value of the original knowledge achievements. It is in this sense that intellectual property rights are perishable, so intellectual property rights can also be called "perishable property rights"

(2) The object of intellectual property protection is intellectual achievements, so it is the property right of intangible assets. Compared with tangible movable property and immovable property, this intangible asset does not occupy space and its value is not fixed, but it can produce corresponding social, economic and cultural benefits and is the source of human wealth growth.

(3) The object of intellectual property protection is the control and income right of intellectual achievements or business reputation, not the intellectual achievements or business reputation itself. Intellectual achievements and business reputation are inviolable by others. Even if it infringes on the carrier of intellectual achievements or the right of industrial and commercial reputation, such as insulting or slandering the trademark marks of relevant industrial and commercial people, it only infringes on property rights, reputation rights and honor rights, not intellectual property rights. The object of intellectual property protection can only be the control right and income right of intellectual achievements or industrial and commercial reputation.

(4) Intellectual property rights are strictly regional. Intellectual property law often has legal effect in a certain country or region, but it loses its binding force outside that country or region. Even if countries sign bilateral or multilateral intellectual property protection treaties or even participate in international protection conventions, they cannot change the regionality of intellectual property rights. Because any country's protection of overseas intellectual property rights is based on its own laws rather than the laws of the owner's country. It is precisely because of the regionality of intellectual property rights that there are international bilateral or multilateral treaties and international conventions on intellectual property rights.

(5) Intellectual property rights are rights restricted by public interests. Intellectual achievements are the crystallization of human civilization, but excessive protection will hinder the dissemination, utilization and development of knowledge. Therefore, intellectual property rights have both time limitations and rights validity limitations. The so-called time limit means that intellectual property rights have a certain time limit. Except for trademark rights, when the term expires, property rights cease to exist. The so-called right restriction refers to the right that can be exercised for the public interest of the country or society, and is usually exercised by the obligee in accordance with the law. This kind of behavior does not belong to the legal tort such as fair use, compulsory license or legal license system in copyright law; Compulsory licensing system in patent law, etc.

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[citation information] edited by Qin Yuqin. Encyclopedia of leading cadres in the new century. The fifth volume. Beijing: China Yanshi Publishing House. 1999. pp. 3295-3296.