Study On General Effect Of Intellectual Property

The general legal effect matter of intellectual property is the basic theoreticalmatters of Intellectual Property Law, and it's also involved the analysis of the intellectualproperty system and the current Intellectual Property Law. Firstly, the summarization ofintellectual property's legal effect may base on the theory of legal effect, civil rights andreal rights. Secondly it may base on the evolution of intellectual property system,intellectual property rights system and the right attribute. The intellectual property rightis essentially a kind of governing clause to protect specifically interest, the definition ofthe legal effect can explained as there has the same influence and binding between allkinds of intellectual property rights. The influence represents as the intellectual propertyrights holder has both positive and negative control force to the incorporeal property andknowledge product. And the legally binding represents as the rights holder shouldexercise his rights within limits of the subject, period and region in terms of law. Thelegal system of fair use, legal permission, compulsory license and right exhaustionessentially set a regulation to the exertion of rights and the obligatory performancebetween the rights holder and public. The guarantee ability of intellectual property canadminister relief to make the right protected by enforcement, set a claim and legalliability when the right was damaged. And the guarantee ability of intellectual propertycan also refer to the preliminary injunction, the administrative and judicial remedy. Thegeneral legal effect of intellectual property is neither the same as the special effect ofintellectual property nor the characteristic of intellectual property. On the institutionallevel, the general effect of intellectual property consists of the dominant effect, exclusiveeffect, time effect, territorial effect and claim effect which reflected in international treatyand domestic law. With the global development of economy, technology and culture, thelegal effect of intellectual property is changing and expanding continuously.The influence of intellectual property is expressed directly as the dominant effect ofintellectual property which is dominated by the rights holder in a special way to exercisethe right. The object of intellectual property is knowledge product, and the characteristicof knowledge product is invisible and common sharing, which lead to a fact that theintellectual property rights holder can only use the knowledge product by law instead ofreal occupied. The creation and exercise of intellectual property right is based on theexclusive use of knowledge product. The way to use the intellectual property consists ofmanufacturing, applying, permission, copying, spreading, sales agreement, import and sign, etc. The rights holder has a right to forbid people using the intellectual propertywithout permission. The content of dominant effect includes the object scope, concreteway and the spatial scope. On the one hand, the dominant effect of intellectual property ismore restricted than the real right effect, and on the other hand, the object scope and thespatial scope of the intellectual property is expanding and becoming more and morevarious and technicalization.The exclusive effect of intellectual property means that the rights holder has a rightto forbid people who use the knowledge product without permission, and this bindingalso called exclusive power or exclusiveness. The exclusive power of intellectualproperty can be defined in a broad sense and a narrow sense. In a broad sense, exclusivepower means the exclusive power between intellectual property and other private rights,while in a narrow sense, exclusive power means the exclusive power between all kinds ofintellectual property. As a private right, intellectual property right is essentially a kind ofeminent domain and absolute right. The exclusive effect and dominant effect ofintellectual property coordinate well to protect the intellectual property right andguarantee the realization of the right. The intellectual property exclusive effect refers tothe exclusive effect between the same kinds of intellectual property rights, the exclusiveeffect between various intellectual property rights and the exclusive effect during all thestage of exercise the intellectual property right. And the patent system, trademark systemand copyright system can make sure of the institutional attainment of the exclusiveeffect.The time effect of intellectual property means the time period of the intellectualproperty rights, the content include the accounting of the time period, the type of the timeeffect, the interest in expectancy, limited and protection of the time effect. We must payattention to the time effect of intellectual property because of its importance. Thecommon characteristics of the timeliness clause in the intellectual property internationaltreaty and the domestic law are the nature of the time effect. The clauses of the beginningand extinguishing of intellectual property time period are different and the interest inexpectancy is directly concerned with the interrelated subject.With the reform of legalsystem, the period of intellectual property time effect in law have a tendency to becomelonger, which challenges people to find a possible balance point of the length of theperiod.The territorial effect of intellectual property means the spatial scope of theintellectual property right, the right eliminated out of the spatial scope. The territorial effect of intellectual property includes the stage of obtainment, the stage of exercisingand the stage of protection. With the development of the territorial effect, theextraterritorial effect appeared. The extraterritorial effect means if a certain type ofintellectual property has been authorized by domestic law, it can also authorized by theother countries. The extraterritorial effect is not the negative of the territorial effect but aresult of the development of territorial effect. With the development of the internationalprotection of intellectual property, the territorial effect will be the foundation ofinternational protection.The claim effect of intellectual property means the rights holder can permit theothers to use the right and forbid them using the right before the right is damaged orwhen the right is damaging. This claim effect reflected directly as the intellectualproperty claim system. The claim of intellectual property depends on the intellectualproperty and has a function of relieve. It is also content of the general effect ofintellectual property. The content of the claim of intellectual property includes stoppinginfringement, prevention of violation of right, abolishment of the damaged goods,acquirement of damaged information by law. The claim of intellectual property concernsto the right to the claim for damage compensation and the right of the real claim, but theyare different in essence. It is inapplicable for using the system of extinctive prescriptionwhen exercising the claim of intellectual property, but it's always limited by the otherconcrete laws.