Reflections Of Intellectual Property Rights Of Modern Civil Law

The modern society is known as "the knowledge-based economy", for the knowledge has been one sort of the property, that man can keep it. It is the first time in our history.The intellectual property rights occurred in 16th century and have been cared in the last century. Intellectual property has no doubt bear a nation's policy to the ascension of industry, but it is still belongs to private right. Thus, the intellectual property rights are also rights without doubt. On the other hand, " intelligence" is the public good, with external effects, therefore it needs the government to involve at times, gives the suitable protection. However, the intellectual property also brings monopoly to reject the other people use it by the competition behavior. It also inevitably will limit the freedom of other people's creation, invention, business, and transaction, hindered to the right competition behavior, thus affected the entire market economy with the negative influence. As to say, it needs to adjust by the competition law.For the intellectual property rights are involved to the government policy and international treaty deeply, so it seems to far from the civil law , or increase the difficulty to let them to converge. Should the intellectual property rights put in the system of civil law? It should be consider the importance of civil law as well as the civil code. What are the challenges the current civil law in the modern society has to face? By returning to meaning of modern civil law , we not only has understood the intellectual property rights but also what civil law should be in 21 century.This dissertation has been divided into eight chapters and summarized as below:Chapter One, "Introduction: the motivation and the scope of research"Chapter Two, "The formation of intellectual property"This chapter divides into six parts, includes the history regarding intellectual property, the development, and how to operate in the worldChapter Three, "How does one right be created—patent as the example"Since intellectual property rights in the majority of situations is the shape to "the power", so we need to discuss patent, as an example, its right theory.Chapter Four, "Common good and self-interest: The dilemma of intellectual property" It regarding the relationship between intellectual property and competition law. Intellectual property contained two goals: One, the reward of innovation, the other isspreads the knowledge, therefore created the intellectual property rights to be in a dilemma the difficult position, and discussion the government's control about marketChapter Five, "Intellectual property and other property"This chapter compare the traditional real right, the creditor's rights , and intellectual property rights.Chapter Six, "Licensing agreements and civil contracts"This chapter compare licensing agreements and normal private contracts. And discuss the characters about licensing agreements.Chapter Seven, "Modern civil law and code"This chapter divides into six parts .It regarding the difficult problems and challenges when civil law is preceded. The civil law has been through the agricultural society, the industry society, at the day in the knowledge-based time. All civil codes in all countries have to reform for renews a generation of civil code. By as said "the learning from others, may attack the jade", this chapter therefore on the Dutch civil code's modernization, the German civil law, the Taiwan civil, as well as the mainland China's civil legislation process, would discuss to understanding the significance of civil law.Chapter Eight, "Conclusion"This article sums up the civil law should bring the new right (intellectual property rights) in itself, which is its duty cannot be avoided for the civil law.