Intellectual Property - Introduction
Intellectual property also known as intellectual power, It refers to the citizens, legal persons of their own creative intellectual activity results of the civil rights enjoyed by law. From the content of the right point of view, intellectual property, including personal rights and property rights. The personal rights of intellectual property rights with the results of intellectual activity the person can not be separated to create exclusive rights, such as: right of authorship, express power to modify the right; of intellectual property rights in the property rights refers to the person entitled to intellectual property based on this intelligence activities, enjoy the results of the receipt of payment or other material interests. In accordance with the different results of intellectual activity, intellectual property rights can be divided into copyright, trademarks, patents, invention rights, found that right.
The historical development of intellectual property rights
In the past, in civil law countries, as no physical property to intellectual property to include property rights among (and property rights, creditor's rights side by side). From the "intellectual property" is popular in the international arena, especially the "World Intellectual Property Organization," After the establishment of "intellectual property" is completely replaced the "no physical property" is used. As regards the division of intellectual property rights from the property out of, it is because intellectual property has its own characteristics, and property rights is very different.
Intellectual property includes the right to know what, that is intellectual property no matter how the classification is not only a theoretical issue, but also related to current national laws and international conventions. "Establishment of the WIPO Convention" (1967), Article 2, paragraph 8 provides that: "Intellectual property" includes the following relevant property rights: literary, artistic and scientific works, or works; performing artists, performances, music or sound recording film or broadcast ; in various fields through the efforts of human invention; scientific discoveries; industrial designs; trademarks, service marks and trade names and logo; and all other in the industrial, scientific, literary or artistic activities in the field of intelligence property rights.
According to this provision can be divided into two categories of intellectual property rights. The first category is the protection of human culture, industry, intellectual creative activities in all aspects of content, including the right of copyright and invention; second category is the protection of industrial activities in the identifier for the content, including trademarks, trade names such as the right . The former group can be divided into in order to protect and promote the spiritual and cultural-based copyright and to protect and promote the material and cultural-based patents.
But in fact, in the above-mentioned convention, in 1883 the "Paris Convention for the Protection of Industrial Property" has been made on the "industrial property" requirement, saying: Industrial Property Protection as its object patents, utility models, industrial designs, trademarks , service marks, trade names, indications of source or appellations of origin and unfair competition. So, again of intellectual property rights in general is divided into two major categories of copyright and industrial property rights, in the industrial property was divided under the patent, trademark, trade name rights. This points system has its logic. Industrial property rights are involved in "industrial", and the copyright is not.
Now, thanks to scientific and technological progress, the product of human intelligence should be protected by law increasing gradually expanded the scope of intellectual property rights. For example, addition of a protected object layout, computer software, proprietary technology, integrated circuits, etc., and is growing. Therefore, intellectual property rights is now a still expanding, and a general category of rights.
Intellectual Property categories===>
