What is the difference between intellectual property rights and property rights?

The difference between intellectual Property rights and property rights: In terms of exclusivity and exclusivity, intellectual property rights are weaker than property rights. The protection period is different. The protection period of property rights coincides with its natural lifespan, while intellectual property rights have a clear protection period. When the protection period expires, the rights will be extinguished. The prescriptive nature of value is different. Property rights depend on human labor and socially necessary labor time, while intellectual property rights depend on constant needs and people's use of it. Regarding the question about the difference between intellectual property rights and property rights, the editor of Legal Savior Network will answer it in detail for you below.

1. What is the difference between intellectual property and property rights

1. Rights The objects are different. The objects of property rights are mainly physical objects, including movable and immovable properties. The objects of other property rights can also include rights. The objects of intellectual property rights are creative intellectual achievements and industrial and commercial marks;

2. Property rights can generally achieve control over the object through factual possession, while intellectual property rights must Rely on legal protection;

3. In terms of exclusivity and exclusivity, intellectual property rights are weaker than property rights. In order to balance the interests of intellectual property rights holders and the public, the law specifically stipulates certain restrictions on intellectual property rights, but there are no such special restrictions on property rights. When intellectual property rights conflict with property rights, intellectual property rights must give way to property rights;

4. The protection periods are different. The protection period of property rights coincides with its natural lifespan, while intellectual property rights have a clear protection period. When the protection period expires, the rights will be extinguished;

5. Value The regulations are different. Property rights depend on human labor and socially necessary labor time, and intellectual property rights depend on constant needs and people’s use of it;

6. The effectiveness of property rights has Intellectual property rights do not have priority and retroactivity. The so-called priority means that on the same thing, when property rights and creditor's rights coexist, property rights have priority over creditor's rights. When several property rights coexist, the rights established first have priority over the rights established later. The so-called traceability means that no matter who the object of property rights falls into, the owner of the property rights can trace the object and take it back;

7. Protection methods Property rights can be restored to their original state and returned to their original state, but intellectual property rights cannot adopt these two methods;

8. Legal basis: "Civil Code of the People's Republic of China" "FirstArticle 123: Definition of intellectual property rights: Civil subjects enjoy intellectual property rights in accordance with the law. Intellectual property rights are exclusive rights enjoyed by obligees in accordance with the law with respect to the following objects:

(1) Works;

(2) Inventions, utility models, and designs;

(3) Trademarks;

(4) Geographical indications;

(5) Trade secrets;

(6) Integrated circuit layout design;

(7) New plant varieties;

(8) Other objects specified by law.

2. What is the connection between intellectual property and property rights

1. Both are property rights in civil rights. Intellectual property rights and property rights reflect property relationships between equal civil subjects, so they both have the attributes of civil rights;

2. Both It is absolute power (or right to the world). Absolute rights refer to rights that have no specific obligor and can be realized by the obligee without the obligor performing certain active acts of assistance. Therefore, the right-to-claim system for absolute rights protection can be applied to all protection methods, such as stopping infringement and preventing infringement;

3. Both have legality. Property rights and intellectual property rights are rights stipulated by law. Parties are not allowed to establish property rights or intellectual property rights that are not stipulated by law;

With the continuous development of society, , with the continuous improvement of population culture, citizens gradually began to pay attention to their legitimate rights and interests. Although intellectual property rights and property rights are very different, they are also related. Both are property rights in civil power, and both have certain absolute rights. Only with a clear understanding can everyone protect their legitimate rights and interests. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.