What are the characteristics of intellectual property rights? What are the basic principles of international protection? Here by Xiaoma legal mall editor to give you a detailed explanation of it!
What are the main features of intellectual property in those aspects?
1.Intelligence achievement is object. The object of intellectual property is no material form, but in fact it is a product of spirit. Intellectual property rights are the main rights that distinguish civil rights from creditor's rights, property rights and personal rights. Trademark right, patent right, copyright, trade secret right, new plant variety right and trade name right belong to the scope of intellectual property rights.
2.Exclusivity. It is the intellectual achievement of exclusive intellectual property rights that others can not infringe upon. In essence, monopoly is also a characteristic of intellectual property rights.
3.Regionality. Refers to the intellectual property rights only in a specific country or region within the scope of the effective, it does not have extraterritorial effect. If a country's intellectual property is to be protected by other countries, it must be dealt with in accordance with the relevant international treaties, bilateral agreements, or reciprocity principles.
4.Timeliness. Refers to the intellectual property rights is the legal protection period, after beyond the term of protection of intellectual property rights will be destroyed, intellectual achievements will enter into the public domain, people can freely use. But the trademark protection period after the expiration of the period is extended through the renewal of commercial secrets, such intellectual property is no time limit.
What are the basic principles of international protection?
1.The principle of national treatment. This was first proposed at the time of the Paris Convention on the protection of industrial property, and was emphasized many times in the TRIPs agreement. This principle means that in the protection of intellectual property rights, the law of Member States must be based on the same treatment enjoyed by the nationals of other members of the country or region. If it is a non member state, the people can enjoy the national treatment after they have met certain conditions.
2.The principle of independent protection. This principle means that the legal protection of the nationals of certain Member States in accordance with the same intellectual achievement in other States Parties is independent of each other. The creation, denunciation or termination of intellectual property in a Member State is bound to result in the production of the intellectual property in other Member States, being declared invalid or terminated.
3.The principle of automatic protection. This principle applies only to areas of copyright. The implication is that the author does not need to carry out any formalities when he enjoys and exercises the copyright of the nationals of that Member State. Registration, payment of samples and copyright marking procedures are not as a copyright conditions.
4.The principle of priority. The principle applies to patent rights and trademark rights. Priority is one of the most important rights granted to the nationals of the Paris Convention by the Paris Convention on the Protection of Industrial Property. The TRIPs Agreement affirms that foreigners have applied for patent rights and trademark rights because of unfair competition problems arising from various causes.
5.The principle f most favored nation treatment.
6.Transparency principle.