Research On The Questions Of The Mechanism Of Balancing Of Interests In Intellectual Property

Intellectual property is a kind of exclusive rights enjoyed by the intellectual property owner based on personally creative intellectual work. The share of information resource is on behalf of social public interests, requiring limit information exclusivity, and opposing to information monopoly. Based on the conflicts between the two respects, how to solve the contradiction between the monopoly in knowledge product shared by the intellectual property owner and the rational demands for the knowledge product of the public, coordinate various kinds of conflict factors with the authority of legal system, and realize double goals of intellectual property law to encourage knowledge innovation and ensure knowledge diffusion, the key point lies in setting up mechanism of balancing of interests with regard to intellectual property. Systematic studies on this subject in domestic and other countries are still in stage of starting up to now, on which there are very few monographs and relevant articles. Hence, to develop studies on the issue regarding the mechanism of balancing of interests in irtellectual property poses strongly theoretical meaning and practical one as well.This dissertation, setting about from the relation between intellectual property system and knowledge innovation, reviews some negative effects caused by intellectual property system, analyzes the public and social attribute of knowledge product, the nature of private right of intellectual property, dialectical relation of personal interests and social public interests, and thus further demonstrates various kinds of interest relations in intellectual property system and its corresponding collocation. This dissertation, argues to establish the mechanism of balancing of interests in intellectual property that gives consideration to freedom and order, benefit and equity, with which to coordinate the interests ofintellectual property owner and social public interests. Also, this dissertation establishes a concrete framework on the mechanism of balancing of interests in intellectual property both in domestic and worldwide level.Finally, this dissertation holds that, as an inherent spirit and external mechanism of the intellectual property, balancing of interests is an endless and a dynamic, dialectical course. Only by pursuing constantly to the goal of balancing of interests can intellectual property system realize the most rational disposition of social resources.