The Research On Exclusive Effect Of Intellectual Property Right

The intellectual property rights originated in the feudal privileges have the intensive exclusive effect, which is from the law and the nature of absolute rights. The exclusive effect is a kind of power in the law, which the righter can exclude the intellectual property rights with the same contents in an intellectual product and exclude anyone who use the intellectual products without paying. Compared with the exclusive effect of the real rights, the exclusive effect of intellectual property rights has four characteristics: (1) It is relative;(2) It is largely from the law;(3) Occupying the objects is not the premise of implementing the effect;(4) The exclusive effect is stronger than the effect of dominate.Basically, there are two aspects of the content of exclusive effect of Intellectual property rights: (1) The intellectual property rights exclude the intellectual property rights with the same contents in an intellectual product; (2) The intellectual property righter can exclude anyone who use the intellectual products without paying. So, the exclusive effect falls into two sections: the exclusive effect in the acquirement and the exclusive effect in the process of using. The former is rooted in the nature of the intellectual property rights, and the later is rooted in the requirements of the purposes of intellectual property rights. And, the contradiction of the nature between the human with the property is the deeply origin of the exclusive effect of intellectual property rights.The exclusive effect of intellectual property rights performance in the patent law, trademark law, copyright law etc. In the acquirement of effect, it performance in the first application system in the patent law and trademark law; In the process of using effect, it performance in the exclusive effect among the patent right, trademark right and copyright in some intellectual products;The limitation of exclusive effect of Intellectual property rights is born with the effect. Relativity is the first limitation of the effect. And because of the purposes of intellectual property rights that are balance the benefits between the person and the society in the theory and the existence of abuse the exclusive effect in the reality, the exclusive effect of intellectual property rights must be limited through the contract and the law.