A Study Of The Constitutional Protection Of The Intellectual Property Rights

As an international community of intellectual property legal concept of a passage, to be universally recognized. Intellectual property law is the constitutional freedom of information, freedom of speech, freedom of thought created such a system is an incentive to knowledge creation, promotion of science and technology, economic development and cultural progress of the important legal system, so people have the right to equality between Adequate consideration, and to ensure that the promised cash to meet the constitutional requirements. However, intellectual property law, property rights system is running at a cost, as demonstrated by the exclusive rights granted to limit the free flow of knowledge and information. Intellectual property rights in the history of the general trend is expanding, the Constitution should, in general, the legislative purpose of intellectual property law and licensing conditions to be clear. From the constitutional point of view of intellectual property, intellectual property law is essentially national chair of the inventors, creators and the public is signed between the subject of a free "contract"in the freedom of information, freedom of speech, freedom of thought, freedom of expression Freedom of the press, economic freedom, property, freedom, freedom of learning between the adequate "consideration" and some people are transferring their own freedom and give others the realization of freedom, thus achieving the constitutional balance. Intellectual property rights of private property and human rights trends indicate that the integration of intellectual property protection law, for which the model of how to use the constitution to strengthen the protection of intellectual property rights, particularly the strengthening of the constitutional law of intellectual property protection, clear knowledge Property rights protection and international protection of domestic relations, and ultimately through the intellectual property of the Intellectual Property Protection in China not only promote the advancement of technology and social development, also in line with international conventions on intellectual property protection requirements, it becomes even more significant.The first chapter is the intellectual property of the Constitution. This chap-ter is divided into four sections. Section through the origin and nature of the features of the concept of intellectual property rights of sorting out, the concept of intellectual property law the definition of the object and the object of the classification of the discussion on the connotation of intellectual property. In Section II describes the historical evolution of public and private law and coincidence, based on the nature of certain private rights of intellectual property, knowledge products from the features in the new situation demands and the inherent weaknesses of intellectual property Private property demonstrated both intellectual property The inevitability of the trend of public power, public law and described the embodiment of intellectual property. SectionⅢby analyzing the human rights of intellectual property rights and the constitution of the important connection point from the perspective of constitutional property rights of intellectual property rights interpretation of intellectual property protection to explain the latest position. Proprietary nature of the fourth quarter from the perspective of human rights norms and constitutional point of view the development of a constitutional nature of intellectual property rights were critical interpretation of the constitutional rights of intellectual property as a trend.The second chapter is the constitutional protection of intellectual property theory and comparative analysis of the system. This chapter is divided into three sections. SectionⅠof the Constitution, the text of the relevant provisions of intellectual property rights, including intellectual property rights contained in the property rights provisions in part, and separate provisions of intellectual property rights provisions. SectionⅡcompares the constitutional protection of intellectual property abroad, the system, introducing the United States, Germany, the scope of protection of private property rights and remedies based on the key constitutional protection of intellectual property rights discrimination model of virtue. Section combing the relevant provisions of international protection of intellectual property rights to the basic international protection of intellectual property rights and the key principles, details of the international protection of intellectual property rights organizations and the basic content of the treaty and the "Agreement on Trade-Related Intellectual Property Rights" in relevant content.The third chapter is the Protection of Intellectual Property issues. This chapter is divided into three sections. Section from the constitutional protection of intellectual property rights, civil protection, and signed with the countries of the TRIPS Agreement and China concluded the framework of international conventions and domestic law framework for the comprehensive protection explores four aspects of the law of intellectual property protection origin. Section II discusses the legal protection of intellectual property the main problems, mainly in the branches of law protection and the lack of a reasonable convergence of constitutional protection, rights and social protection of the interests of protecting the balance of public interest and the loss of degrees between domestic law and foreign law three aspects of the conflict. SectionⅢof improving intellectual property protection in the constitutional system, balance the various interests of intellectual property conflicts, building an effective mechanism for conflict resolution and intellectual property laws protecting intellectual property rights perspective of the legislative purpose of the four proposed laws on intellectual property protection in China protection of the idea of perfection.The fourth chapter is the protection of intellectual property rights mechanisms of the Constitution. This chapter is divided into five sections. Section Analysis of formalism and from the doctrine of the distinction between real departure from the text of the Constitution demonstrates the historical development of the constitutional text expressed the need for scientific, and analyzes the shortcomings of the existing constitutional text. Section II explains the basic concepts of constitutional interpretation, the main system of constitutional interpretation put forward new ideas. Section III discusses the constitutional norms in the department of law of the specific issues. Section IV of the Constitution in defining the basic concepts of validity, based on the meaning of the constitutional validity, and the constitutional validity of the level. Section V introduces the main source of international intellectual property and the specific elements of international intellectual property law, on this basis to explore the relationship between the two, and thus leads to the constitution and international intellectual property law on the relationship between thinking.Chapter five. This part mainly on the basis of the first four chapters, in-depth summary, reflection and explore the intellectual property system to protect the Constitution and related property issues. Firstly, the main public and private property from the perspective of intellectual property, once again explore the nature of intellectual property right of the public. The right to development from within, respectively, extension of the mutual integration of public and private rights, private ownership of the inherent nature of defects, and the imbalance of the four global protection of intellectual property point of view, summed up the public right to deepen the intellectual property. PartⅡof this section, the main attributes to explore the Constitution and the Constitution of intellectual property protection. International treaties and the development of hair from the perspective of the Constitution of intellectual property rights protection is the most important determinant properties, it is not only the development of the Intellectual Property Rights, has even been identified in regulatory documents, the evolution of intellectual property rights and property Play an important role in deepening; and the formation of the Constitution and improve the protection system is an important indicator of intellectual property system is perfect. At present, domestic and international research in this area is relatively small, I suggest the formation of the Constitution as the core, the establishment of cooperation between various departments of intellectual property law protection system. It refers to the constitutional protection of intellectual property rights, but also refers to the various departments method is based on the fundamental principles of constitutional protection of intellectual property expansion. This Constitution is the key to constitutional protection systems to achieve effectiveness. Namely the Constitution of the intellectual property rights, property rights protection of the basic principles and the realization of constitutional norms. SectionⅡ, mainly on the judicial protection of intellectual property practice of reflection. Currently, the Constitution, protection of property rights and intellectual property rights the Constitution embodies the property must be integration of the various branches of law, that is, administrative law, civil commercial law, patents, copyright and other intellectual property rights related to the implementation of sectored laws, the implementation process of law by the department The norms and principles of design requirements, intellectual property rights will be protected by the Constitution of the guidance and value-oriented specifications into the intake, through the administration of justice, judicial practice, the concept of intellectual property related to constitutional property implementation. At the same time, our Constitution should follow the "treaty must comply with" fundamental principles of international law, adhere to intellectual property protection in China signed a series of international bilateral and multilateral treaties, the provisions of international conventions, and system integration by modifying the sound, and promote domestic and international intellectual property Administrative law enforcement and judicial proceedings to protect the intellectual property rights. In this section, first, the judicial system of intellectual property rights, in particular the sources of law have combed. Through the judicial protection of intellectual property system in China’s construction issues. This part, there are two aspects, the concept of intellectual property rights system, improve the judicial protection; second is to improve the professional knowledge and intellectual property trial institutions. Conceptual understanding and attention to improve the judicial institutions, for promoting China’s IPR protection system of justice with the full significance of the establishment.