Research On Intellectual Property Bases On Marx’s Labor Relations Theory

Researches on intellectual property issues base on Marx’s theories are not usually seen in existing publications. Firstly, this dissertation summarizes the history, the main contents, Analytical methods, contemporary developments of Marx’s labor relations theory."Das Kapital" is Marx’s most important work concerning labor relations while there are many classical interpretations on it in his other works. Marx believed that labor relations under the conditions of capitalist is wage labor relations, while the precondition of this relation in capitalist society is the separation of Laborers and working conditions. Working conditions are possessions of capitalists, and laborers have to be hired, possessed exploited and dominated by capitalists so as to survive, and this relations is reproduce therein.In industrial society which Marx lived, working conditions are means of production, including machines, workshops etc. And in post-industrial society, knowledge and information becomes the main factors of production, and thus the intellectual labor become a major form of labor. As knowledge and information is able to be combined with labor directly, the traditional labor relations is challenged, and it is difficult for capitalists to hire, possess and dominate laborers in this new production conditions.In order to maintain the separation of Laborers and working conditions in new conditions, and integrate intellectual labor into capitalist production, intellectual property system is created.A intellectual product is created basing on public knowledge, so the new value of the intellectual product and the old value of public knowledge is indivisible. So misappropriation of public knowledge happens when capitalist possesses intellectual property.Through knowledge enclosure, capitalists complete the primitive accumulation of knowledge and information; As creation of intellectual products depends on research equipments, capitalists manage to control intellectual labor by means of "hardware". When capitalists obtain a great deal of intellectual property through the article of employment works and employment inventions in intellectual property law, they manange to control intellectual labors by means of "software" which mean knowledge and information. Finally, intellectual labors are integrated into capitalist production, and intellectual property is used to control the productions of hardware, produce more surplus value.Meanwhile, intellectual labors are restricted by intellectual property of employers, not able to use intellectual products freely which is created by themselves, and forbided to exchange information of these procucts with others, alienation of intellectual labor happens. There is a close link between the development of labor relations and evolution of intellectual property system. The development and commercialization of science and technology bring new knowledge resources and interests. As the two most important social interest groups in the intellectual interests, the relations between laborers and capitalists changes from cooperation to struggle for knowledge resources. At the end of the feudal society, laborers and capitalists cooperated to struggle against the feudal royal, promoted the generation of modern intellectual property systemjointly, and limited the power of the feudal royal effectively from interference of free competition. When Knowledge production and innovation is becoming the main source of social wealth, laborers and capitalists splited. Taking advantage of finance, capitalists managed to employ intellectual laborers to specialize in intellectual products innovation. By lobbying for legislation, intellectual properties created based on the employment relationship are pessessions of employers in new intellectual propertiy law. Therefore, capitalists take full control of the knowledge and information resources, which drives the expanding and abuse of intellectual property system, deepens the contradiction between laborers and capitalists, capitalists and public interest. intellectual property system faces new changes.Expansion of intellectual property increases few big corporates’profits, at the same time increases most enterprises’cost of contacting and using knowledge and information, so that huge contradictions arise within capitalists, especially the conflict between large enterprises and medium and small-sized enterprises; enterprises’strict control of the intellectual property restricts exchange of information between intellectual laborers and the outside world severely, so laborers can not reach their create potential.Another factor intensified conflicts between capitalists and laborers is the imbalance in intellectual property interests assignment, and thus make intellectual property weakening.Outside the labor relations, capitalists’intellectual property are often the results of public investment, private sectors and public institutions cooperate and compete in creation and distribution of intellectual innovation. As the objectives of them are fundamentally different, contradiction between them is increasing prominence. Innovation2.0is a rapid developing creation mode, under which intellectual laborers can create and share intellectual production freely, and it is a new way to realize free joint labor and a great challenge to intellectual property system. Contradictions in and out of labor relations will force intellectual property system to make more concessions to the public interest.