On The Status Of Intellectual Property In Property Law From The Similarity Between Intellectual Property And Property

Since the end of last century we have entered the Knowledge Economics Age, scientific and rational legislation of intellectual property becomes a necessity for development of the time. China now is conducting legislation of the Civil Code and Property Law. But what the status of intellectual property arouses a hot debate. To clarify this perception of the intellectual property should be intensified, especially by exploration of the relationship between intellectual property and property.On the basis of relevant material in legislation, practice, theory on the intellectual property, through observation and study by comparision, valuation and jurisprudence, logic analysis, the thesis tries to clarify the status of intellectual property in Chinese Civil Code, and to further the legislation on intellectual property in China.The thesis consists of four chapters with nearly 32,000 words. The main clue and content is as follows:The preface shows the necessity and significance of the legislation on intellectual property in the Knowledge Economics Age, thus presenting the issue of intellectual property's status in the Chinese Civil Code. The thesis firstly introduces the debate as to the status of intellectual property in Chinese Civil Code. There are three styles of legislation worldwide, while the Chinese scholars hold three kinds of views. In the author's point of view, the concerning issue involves perception of the legal attributes of intellectual property, thus a perspective of comparison between property and intellectual property would be a significant way to perceive the issue; Then the thesis compares the property and intellectual property in details in aspects of legal objects, definition, attributes, content and the remedies with a conclusion that the intellectual property has no essential difference with the property law, while general principles of the property law could act as a direct guide to intellectual property, and this is a rational foundation for intellectual property being stipulated in the Chinese Civil Code; Lastly the thesis expounds the rationalism of intellectual property being stipulated in the Chinese Civil Code and the general mode.Based on the previous parts, the thesis comes to a conclusion: the intellectual products and the substance are similar in essence with no contradiction, a system of intellectual property rules should be established with the reference of property law system, as a parallel to the property law and the credit law, in the Chinese Civil Code, so as to strengthen the protection of intellectual property in the Knowledge Economics Age.