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In the institutional infrastructure of civil law rights, IPRs, or incorporeal property rights are distinguished from traditional corporeal rights as the former protect intangible assets without physical presence. Immateriality as the essential attribute of IPRs marks the most fundamental difference between the said rights and real rights. As a result, it is either hard to make any valid theorisation on such a new variety of property rights by applying doctrines of real right going back to the Roman law, or possible to adopt methods of protecting tangible property rights in IPRs legislation.

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IPRs Protection in China: The Claiming of Rights and Infringement Liability

  • 章节

  • 发表日期：

    2025年

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  • Handong Wu

摘要

In the institutional infrastructure of civil law rights, IPRs, or incorporeal property rights are distinguished from traditional corporeal rights as the former protect intangible assets without physical presence. Immateriality as the essential attribute of IPRs marks the most fundamental difference between the said rights and real rights. As a result, it is either hard to make any valid theorisation on such a new variety of property rights by applying doctrines of real right going back to the Roman law, or possible to adopt methods of protecting tangible property rights in IPRs legislation.