What is the definition of independent intellectual property rights?

Intellectual property rights, also known as "knowledge ownership rights", refer to "the exclusive rights enjoyed by rights holders in accordance with the law over the results of their intellectual labor and the marks and reputation in their business activities", which are generally only valid for a limited time. What is the definition of Independent intellectual property rights? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What is the definition of independent intellectual property rights

Definition of independent intellectual property rights

In the guidelines for the identification of independent intellectual property rights studied by the Ministry of Science and Technology, independent intellectual property rights are defined as follows: The so-called independent intellectual property rights refer to the ownership rights of Chinese citizens (natural persons), legal persons or unincorporated units that are formed through their leading research and development or design and creation activities and are legally owned to be able to independently realize certain technological knowledge assets. This includes intellectual property rights purchased from natural persons, legal persons or unincorporated entities in other countries. Independent intellectual property rights include two aspects: independence as the subject of rights and independence as the object of rights. The so-called autonomy refers to the right of the right holder to realize the property value of certain intellectual property assets independently and without being affected by the original right holder of the relevant intellectual property rights. Independent intellectual property rights can be divided into independent research and independent ownership: independent research and development mainly refers to the independent research, development and production of "knowledge products" within the territory of a country by its citizens, corporate legal persons or unincorporated institutions. an exclusive right enjoyed. Independent ownership, in a broad sense, means of obtaining independent intellectual property rights, in addition to independent research and development, also includes exclusive rights owned by obtaining permission to purchase patents, know-how, trademarks, software and other rights from other countries or others. In a general sense, independent intellectual property rights must be industrial property rights such as trademark rights and patent rights that can only be possessed by a specific independent single social subject and have the right to independently decide how to use them according to law.

Independent intellectual property rights is a concept with Chinese characteristics. It is a new rights claim in the era of knowledge economy and has four major characteristics: localization of subject, internalization of ownership domain, integration of power and publicization of private rights. In real social and economic life, any social actor can obtain the exclusive right to possess and use a specific intellectual property through buyout or other methods. Sometimes, the exclusive possession that has been obtained can also be The rights and exclusive use rights are regarded as having achieved "independence" over intellectual property rights, that is, realizing the right to exclusively possess a certain intellectual property right and independently decide how to use it. But this is only one aspect of the problem. From another aspect, independent intellectual property rights, which are more realistic and meaningful, refer to the way that a specific social actor, such as an enterprise, uses its own personnel to use its own intellectual property rights. Material conditions, after committing certain behaviors such as technological innovation, technological development, etc. and achieving certain intellectual achievements, etc., the intellectual property rights obtained for the results in accordance with the law. Characteristics: The original acquisition of "independent intellectual property rights" means that it is mainly acquired through original acquisition methods such as self-research and development, commissioned research and development, and cooperative research and development.

"Independent intellectual property rights" require the intellectual property owner's Creative acts are embedded in knowledge products. Creativity includes pioneering inventions and creations, as well as improvements and combinations based on original technologies.

Country where “independent intellectual property rights” are obtained and exist Determinability means that it requires the identification of rights by relevant state agencies. Enterprises with rights registered in China (excluding Hong Kong, Macao and Taiwan) have, in the past three years, through independent research and development, transfers, donations, mergers and acquisitions, etc., or through exclusive licensing for more than 5 years, their main products ( The core technology of services) has independent intellectual property rights.

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