CTPLO Blog

What's Intellectual Property?

JOE SHEN · Published on 2016-11-15 13:35:00 · 183 read General

Intellectual Property

Intellectual property refers to “Obligee who enjoys an exclusive right over his creative fruits of intellectual labor”, normally the right can last for a certain period. All kinds of intellectual creations can be regarded as intellectual properties possessed by someone or some organization, such as innovation, literature and works of art or marks, names, logos and designs of commercial use.

Types

1. Copyright and industrial property

Intellectual property is a ownership over fruits of intellectual labor, it is an exclusive right of a certain claimed period and it in accordance with the law of each country to endow rights to authors, innovators or achievement owners.

Two types: one is copyright ( also known as patent or literature property), the other is industrial property (also known as estate property).

A. Copyright

Copyright a.k.a. patent refers to a thorough name of property right and mental right enjoys in accordance with the law over literature, art and scientific works, which could be possessed by a natural person, a corporate group or other organization. This kind of right mainly includes copyright or rights link to copyright. Usually, when we talk about copyright, it means copyright of computer software and registration for works of arts.

B. Industrial property

Industrial property refers to invisible property but has practically economic worth in  industries such as industry, business, agricultural and so on. Therefore, this is more like “ Estate Property” which mainly includes patent and trademark right.

2. Personal right and property right

A. Personal right

Intellectual property consists of personal right and property right, a.k.a. mental right and economy right.

Personal right mentioned above indicates the right and its owner of such intellectual achievement is inseparable, it is a reflection of personal relationship in law. For example, author right, public right, amendment right, etc., all belongs to mental right. 

B. Property right

Property right will exist after intellectual achievements acknowledged by law, then obligee can get payed or rewarded by using the fruits of intellectual, this kind of right is also known as economy right. It indicates achievements gained by intellectual  creation and it is enjoyed by intellectual laborer in accordance with the law.

Effects

  • Intellectual property provides legal protects for intellectual laborers, also it provokes activation and creation of people to engage in the study of scientific technology and works of literature or arts.

  • Intellectual property provides legal system to promote application and spread of intellectual achievements, also it creates huge benefit in both economy and society.

  • Intellectual property provides legal standards for communication of international economy and technology trading and arts of cultures, it promotes the development on human civilization and economy.