Rationality & Social Base Of Intellectual Property Protection Under The High-tech Background

The protection of Intellectual Property (IP) under the high-tech background is a problem to be solved in urgent need, which has been focused on for long by industrial interests, technological philosophy and law studies. IP, which is a conjunct of science and technology, economy and law, is playing an important role in development of info-economy, especially modern high science and technology. IP is not only used for protection and promotion of development and innovation of science and technology, but also for improvement of faculty of economy to compete. But the impacts from development of high-tech, especially the info-network technology, bring about the crisis of justice and the necessity of protection of IP. There are three conflicting-theories of high-requirement in protection against high-difficulty in technique for high-tech and IP, of high-protection demanded by oblige against low-protection by society, and of inspiriting to techno-innovation against restraining to res-share. Under the high-tech background, from the essence of IP, theoretical basis of IP and the angle of view of the right assignment mechanism, through the analysis of the right disposition relations of each kind of benefit people, may irrevocably prove the theory frame and system of the IP which take the right assignment mechanism as the foundation and core are rational. Looked from the IP essence that, the IP is the technical innovation and the system innovation bidirectional interaction, also is one kind of balanced benefit relations redistribution, thus under the high-tech background the IP protection essentially is having the rationality; Looked from the IP rationale that, the IP is one kind of system design ,which draws up based on the law of sparsity-lack-character, the res-scheme twain theory, the benefit balanced idea and the social standard principle rationale, in the utilitarianism stratification plane irrevocably proved the IP protection has the rationality; Looked take the right disposition mechanism as the angle of view that, the IP from the system stratification planes to the right person own right disposition relations, the right person and the social public's right disposition relations, the right person and...