Intellectual Property Rights in China
Intellectual property refers to the intellectual labor of the people shall enjoy the rights, which is usually given by the state to the creators of proprietary rights or exclusive right of its intellectual work in a certain period of time.
Intellectual property is a kind of intangible property rights from it’s nature, it’s object is intellectual achievements or intellectual products, which is a kind of intangible property or a no form of spiritual wealth. It’s a labor work created by creative intellectual.
It is the same as the houses, cars and other tangible property that protected by national laws. It has value and use value. Some value of the major patents, well-known trademarks or works is far higher than the housing, automobile and other tangible property.
Ⅰ. Copyright and industrial property rights
Intellectual property is the result of intellectual labor ownership. It is in accordance with the laws of the country to give the author and the inventor or the outcome of the owner which meet the conditions to enjoy the exclusive rights within a certain period of time.
Copyright refers to the natural person, legal person or other organization of literature, art and science works that enjoy the property rights and spiritual rights in accordance with the law. Mainly including copyright and neighboring rights related to copyright. Usually we believe that the intellectual property rights are mainly refers to the computer software copyright and works registration.
2. Industrial property rights
Industrial property rights refers to the industrial, commercial, agricultural, forestry and other industries with practical economic significance of an intangible property rights, which appears to be the name of "business property" is more appropriate. Including patent right and trademark right.
Ⅱ. Personal rights and property rights
1. Personal rights
In accordance with the content, intellectual property consists of personal rights and property rights, which also is known as the spiritual and economic rights.
The personal rights refers to the right with the intellectual achievements of the human body that can not be separated. It is a reflection of the relationship of person in the legal. For example, authors has the right of signing, publication right and the right of alteration in their work, which also regard as the spiritual right.
2. Property rights
Property rights, a reference to the rights of the intellectual property which be recognized by the law. It means the right to use intellectual achievements or obtain a reward, which is also known as economic rights. It refers to the achievements made by the intellectual creative work, and it is a kind of rights enjoyed by the intellectual workers in accordance with the law.
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