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The legal characteristics of intellectual property rights

2017-10-31 09:35:12

Intellectual property as a kind of intellectual achievements, the security is inevitable with the legal characteristics of the corresponding legal system construction, with today's continuous improvement, the relevant laws in the domestic intellectual property is becoming more and more comprehensive.What are the legal characteristics of the intellectual property rights as a basis for the right of intellectual property rights?

1.Timeliness: intellectual property rights have a statutory period of protection, the expiration of the right once the expiration of the right will be terminated or eliminated, the relevant intellectual results will become the common wealth of society as a whole, and anyone can freely use.

2.Regionalism: Regionalism refers to the acquisition of intellectual property rights in accordance with the laws of a state only within the scope of the country, and does not work in other countries. So intellectual property is different from other property rights

3.Exclusive: intellectual results can be used for multiple subjects at the same time, so most of the intellectual property rights are granted by the exclusive rights of the law, the exclusive will be aimed at the same intellectual results but can not exist at the same time two or two More than the owner.

4.Need to go directly through the law to confirm: intellectual property is no form and does not occupy space, so it is difficult to control it practically. Although the intellectual property rights prescribed by law are civil rights, this does not mean that every citizen has the civil rights to the knowledge and intelligence in his mind. The law only acknowledges that the object of this kind of civil right is the result of intelligence rather than the intelligence itself. Therefore, the recognition and protection of intellectual property rights usually require direct and specific provisions in law.

5.The object belongs to intangible property: the object protected by intellectual property is a spiritual wealth without form. The object of non-material nature is the nature and characteristics of intellectual property rights,and it is also the most fundamental symbol of the difference between this right and tangible property ownership.


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