What is intellectual property?

Intellectual property rights are the general name of rights that are legally produced based on creative achievements and industrial and commercial marks. In China, intellectual property rights are legally classified. The three main intellectual property rights are copyright, patent right and trademark right, among which patent right and trademark right are also collectively referred to as industrial property rights.

China's intellectual property legislation started late, but developed rapidly, and a legal system in line with the international advanced level has been established. The origin of intellectual property law refers to the manifestation of intellectual property legal norms, which can be divided into two parts: domestic legislative sources and international conventions.

Infringement of intellectual property rights has basically the same legal nature as general civil tort, and of course it should also have basically similar legal consequences. However, because the nature of intellectual property and the basic characteristics of intellectual property infringement are different from general civil rights and infringements, the manifestations of intellectual property infringement are also different from general civil infringements. The intangible nature of the object of intellectual property rights is the essential feature that distinguishes it from property ownership. Its object is a kind of intangible spiritual wealth, which has no material form, no space, and its possession is not real and concrete. Moreover, compared with other property rights (especially ownership), the existence of intellectual property rights has its unique characteristics of exclusivity, regional effectiveness and time limit.

Because of these attributes and characteristics of intellectual property rights, the infringement of intellectual property rights is basically dual, that is, it infringes on the property rights of the intellectual property owner and the creditor's rights of the intellectual property owner.

legal ground

law of the people's republic of china on the protection of intellectual property rights

Article 4 Enterprises, institutions and individual industrialists and businessmen who need to obtain the exclusive right to use a trademark for the goods they produce, manufacture, process, select or distribute shall apply to the Trademark Office for trademark registration. Enterprises, institutions and individual industrial and commercial households that need to obtain the exclusive right to use trademarks for the services they provide shall apply to the Trademark Office for registration of service trademarks. The provisions of this Law on commodity trademarks shall apply to service trademarks.