Research On Conflict Of Intellectual Property Rights

The research on the conflict of intellectual property rights is a practical proposition, which comes from the theoretical induction of a series of legal phenomena and finally reflects as institutional proposal for the construction and operation of the law. The conflict of rights does not always have negative effects, and also exerts many positive functions such as promoting the development of rights system, gestating new rights and so on. The causes of the conflict of rights in intellectual property are of multi-level, multi-perspective and multi-causes, which include the features intellectual property per se, scientific, economic, social development, the development of the consciousness of the right and so forth, as a result of the comprehensive factors. The conflict of rights is a by-product of the institutionalization of rights, as legal phenomena, which cannot be eliminated wholly in an abstract sense. The perfect evaluative criteria of legal system lie in whether the institution of regulating the conflict of rights can be offered and resolving the interest conflicts represented by the concerning rights through due process and thus implements the transformation of rights in law into its substantial provision. The resolution of conflict of rights is the process of fulfilling the concretion of rights and determining the bounds, therefore, an intellectual property system having capacity of resolving the conflict of rights is to be established.The dissertation is divided into two aspects regarding ontology and institutional theory to expound its subject, in which the former emphasizes the concept, causes of the conflict of rights and pursues the essence of the conflict of rights in the perspective of legal value and the latter organizes the features and coordinative schemes of categorized conflict of rights through the positive analysis of the typical cases from the concrete conflicting categories of intellectual rights and in the end offers the proposals for the resolution of conflict of rights. And the dissertation includes the following parts:The Introduction part presents the significance and value and the survey of concerning literature about the selected title, the introduction of research approaches and the brief framework of the dissertation.The ontology part is made up of three chapters, in which Chapter 1 expounds the concept of conflict of rights in intellectual property, and defines the scope of the conflict of rights in the dissertation. Chapter 2 observes that the causes of the conflict of rights in intellectual property are of multi-level, multi-perspective and multi-causes, which include the features intellectual property per se, scientific, economic, social development, the development of the consciousness of the right and so forth, as a result of the comprehensive factors.Chapter 3 is launched from the pluralistic value of intellectual property, and puts forward that the conflict of rights in intellectual property is essentially the conflicts among the legal values reflected in different right institutions.The institutional theory is made up of Chapters 4, 5 and 6. Chapter 4 classifies the conflict of rights in intellectual property from the perspective of categorization generally. Chapter 5 carries on the positive research into the concrete conflict of rights from the institutional aspect and expounds practical issues regarding the conflict of rights and institutional coordination from three perspectives. Chapter 6 reviews the resolution of conflict of rights in the current legislation and administration of justice of our country.The Conclusion part summarizes the whole text.