The legal characteristics of intellectual property rights are as follows:
(1) The object is immaterial. The objects of intellectual property rights are intangible works, inventions and goodwill. The existence of immaterial must depend on a certain material carrier. The object of intellectual property is the intangible achievement carried or embodied by the intellectual material carrier. Obtaining a material carrier does not mean enjoying the intellectual property rights it carries. Secondly, transferring the ownership of the material carrier does not mean transferring the intellectual property rights it carries at the same time. Finally, infringing the ownership of the material carrier does not mean infringing the intellectual property rights it carries at the same time.
(2) Specific exclusivity, that is, exclusivity, means that without the permission of the intellectual property right holder or special provisions of the law, others may not carry out acts controlled by the exclusive right of intellectual property, otherwise it will constitute infringement. There are many differences between the exclusivity of intellectual property rights and the exclusivity of real rights, as follows:
1, exclusive sources are different. Because intangible things such as works, inventions and creations cannot be possessed like things, it is difficult for people to naturally form the concept that the use of intellectual property rights should be monopolized by creators or creators. On the contrary, the exclusiveness of intellectual property rights comes from the mandatory provisions of law;
2. Different forms of infringement of exclusivity have different methods to protect exclusivity. The exclusivity of infringing property rights is generally manifested in stealing, robbing, destroying or occupying things in other ways, while the exclusivity of infringing intellectual property rights is generally irrelevant to the material carrier bearing intellectual achievements, which is manifested in the act of controlling the exclusive right of intellectual property rights without the permission of the intellectual property right holder or the lack of special legal provisions;
3. The restrictions on exclusivity are different. Intellectual property rights are subject to far more restrictions than property rights, such as "fair use" and "legal license" in relevant regulations, which all constitute restrictions on copyright exclusivity. In addition, there are timeliness and geographical restrictions.
Article 123 of the Civil Code of People's Republic of China (PRC) * * * Civil subjects enjoy intellectual property rights according to law.
Intellectual property rights are the exclusive rights enjoyed by the obligee to the following objects according to law:
(1) works;
(2) Inventions, utility models and designs;
(3) Trademarks;
(4) Geographical indications;
(5) Business secrets;
(6) Layout design of integrated circuits;
(7) New plant varieties;
(8) Other objects prescribed by law.