On The Subject Of Legislation Paradigm Of Intangible Property Right

Given there exists a far distance in the research of intangible property right between the developed countries and China,it is so necessary and urgent for us to speed up the procession on intangible property right study. Now, we have been working on the suitable legislation paradigm of it by means of combining the good experiences abroad and the domestic research achievements under the appeal of Communist Party and the leaders.The first part of this article depicts the general and special basis of the legislation paradigm of intangible property right, by which we may find the inherent clue and the theory foundation for the choice of legislation paradigm in our country. The author believes that intangible property right's connotation, extension, characteristic and nature are the general basis of the legislation paradigm; while our country's certain circumstance such as historical tradition, existing system and judicial level is the special basis of it.There is a great importance of understanding the connotation of the intangible property right. Only when you ascertain it, you can divide and summarize the intangible property well and so as to form the legislation paradigm. But notably, countries in the world understand the connotation and define the extension of it differently; consequently, they adopt different patterns in the intangible property legislation procession. The character of the intangible property right such as comprehensiveness, opening and timeliness demand its legislation paradigm should take the form of single law. The non materiality of its object, which is intangible property right's natural attribute, decides every aspect of intangible property, and legislation paradigm is concluded sure. Intangible property right, not only it is private law, but also it is one kind of civil right. This feature deems that intangible property right should be regulated in the civil law, which is typical representation of private law.Intangible property right's connotation, extension, characteristic and nature together become the basic factors should be considered when choosing the legislation paradigm. Especially, for each nation, respective correlated circumstance should be taken into account, such as law tradition, existing system and judicial level. Only do they consider all the domestic special factors comprehensively, they may found suitable legislation paradigm of the intangible property.In the second section of the article the author compares the three main...