How to determine the objects of intellectual property protection
The objects of intellectual property protection are intellectual achievements or knowledge products, which are creative The fruits of labor created by intellectual labor. Specifically reflected in the following aspects:
(1) Copyright and related rights. Copyright, also known as copyright, refers to the personal and property rights enjoyed by authors of literary, artistic and scientific works and their related subjects in accordance with the law. Neighboring rights are called “copyright-related rights and interests” in copyright law.
(2) Patent rights, that is, natural persons, legal persons or Other organizations enjoy the exclusive right to implement inventions, utility models and designs within a certain period of time in accordance with the law.
(3) Trademark rights, that is, the trademark registrant or The successor of rights shall enjoy various rights to a registered trademark within the statutory period.
(4) Trade secret rights, that is, the right of civil subjects to Exclusive rights enjoyed by law regarding technical information or business information that are trade secrets.
(5) New plant variety rights, that is, the unit that has completed the breeding Or an individual has the exclusive right to use its authorized varieties according to law.
(6) Integrated circuit layout design rights, namely The exclusive rights enjoyed by natural persons, legal persons or other organizations over integrated circuit layout designs in accordance with the law.
(7) Trade name rights, that is, the rights of commercial entities to trade names The exclusive right to use legally within a certain geographical scope.
Characteristics of knowledge
The differences in the natural attributes of rights objects determine the differences in civil rights. According to the natural state of the object, shape and body can be used as criteria for dividing different property rights. Property rights are premised on the control of human beings, and things are the unity of form and material; debt rights are premised on human behavior, which is intangible; knowledge, as a form, is neither material nor behavior. This attribute determines knowledge Property rights are different from property rights and creditor's rights. The nature of form determines that "knowledge" has the following characteristics:
1. Knowledge does not have substance and cannot exist independently. It must "live" in a material carrier. Knowledge describes human understanding, and understanding is information that reflects certain thoughts and emotions. Information is abstract and has no perceptible formal characteristics. For example, the "bamboo in the chest" that relies on the spirit cannot be perceived by others. Knowledge is concrete, it mustIt is necessary to find materials to "live" in order to become the "bamboo in the hand". Once the bamboo in the hand is completed, it is transformed into an independent objective existence that is no longer dependent on its describer. This perceivable form of existence is “knowledge”.
2. Knowledge as a form has eternity in time sex. Once "knowledge" is produced, whether it is formed in physical materials or stored in the memory of the brain, it has a character that will never wear out. Relying on this kind of character, knowledge can be continuously accumulated and passed on. Form and object are different. Things cannot last forever. For example, a porcelain vase from the Southern Song Dynasty with elegant shape, harmonious color and exquisite exquisiteness is a unity of material, shape and color. Although people take good care of it, its lifespan is always limited. The movement of matter is absolute and unconditional. The unity of matter and form is relative and conditional. Once this unity is broken, things cease to exist. Property rights are premised on the existence of the thing, and the right to destroy the thing disappears like a shadow. Therefore, the law does not have to set a time limit for property rights, but allows it to be determined by the natural lifespan of the thing. As a "form" of knowledge, its existence and reproduction do not depend on specific materials. It has unlimited room for choice. As long as it can find materials to express or store, it will not be lost. Knowledge exists and maintains its life by representation and transmission. Unless the actual form of knowledge is completely extinct and the digital "bamboo in the chest" stored in the brain is amnesia, these two situations occur at the same time, otherwise, the lifespan of knowledge is unlimited.
The above is the editor’s answer to everyone about intellectual property rights An introduction to how to determine the objects of protection. I hope that my editor can be helpful to everyone’s life. I believe that after reading the above article, everyone will understand the objects and characteristics of intellectual property protection in our country. At the same time, if you have any other questions, you can go to the Legal Savior Network for consultation. This website is committed to providing high-quality legal consulting services, and our professional team of lawyers will answer you in detail.
