On The Dual Nature Of Intellectual Property Rights

For the attributes of intellectual property rights, scholars convert it up as privacy, intellectual property privacy attributes are so very popular as to public rights factors are ignored . However, intellectual property is not only of the nature of their privacy side, but also with its attributes of a public right, They are contradictions in the two areas. Simply think that intellectual property is just a privacy or simply think that intellectual property is a public right views are one-sided , it should be said that intellectual property inherently includes public and privacy rights factor in the two attributes So I called the dual nature of intellectual property rights. With the development of society , it is popular to further strengthen the protection of intellectual property privacy, and at last it even appear to be rampant. This has led many conflicts between the other rights and intellectual property. Behind the conflict of right, it is the real conflict of interest, and one of the most obvious one is property subject of conflict between private interests and public interests .This caused that frequent conflicts become a concern .scholars have begun to realize that intellectual property rights in the indispensability factors. Thus, there is a theory, and it is called 'public right of privacy' theory. That theory holds that Intellectual property rights include both the privacy factor and the public factor, with the privacy factor in a dominant position and the public factor in a secondary position. However, the author argues that the privacy and the public factor of intellectual property rights are the two conflicts of a contradictions . They compete with each other, and they also balance each other , their relationship is the unity of opposites. There's no distinction between the two factors .When the private interests protection tend to be Strengthen, privacy factors prevail , so that intellectual property has obvious privacy attribute; When the community has a tendency to protect the public interest, public power factors accounted for a position of strength, intellectual property rights is more for the public performance attributes; When achieve a balance between the right to privacy and the public, Intellectual Property correspondingly expressed as a balance, a balance that intellectual property binary factors. Perhaps, in a certain historical period, privacy hold a major position in the conflict; In another, the right to hold a major position in the public contradictions; they may also be in a period of integration.In this paper, the total scores Writing Methods Act. Chapter 1 introduces the concept of intellectual property and features , and we can do a broad understanding of intellectual property rights .The second chapter , this paper gave an overall description of attributes and civilization of property rights , meanwhile proposed: Intellectual Property is the right to privacy and the public's mixed right attributes. We don't simply mink that intellectual property is just a privacy or simply think that intellectual property is a public right. The attributes of public factor and private factor comes form the conflict between private interests and public interests that the public dissemination and use knowledge product. Through this analysis, we hope that we can grasp the nature of intellectual property and intellectual property rights from the macro .Then , in Chapter 3 and Chapter 4 of this paper ,the Public right attributes and private right attributes of the Intellectual Property ,the theoretical basis and causes of Intellectual Property are explained .On the intellectual property rights of privacy attributes of academic research has achieved perfect. Therefore, we just summed up the attributes of the privacy-related intellectual property rights, and the theoretical basis of the theory .But because of the nature of intellectual property rights in theory has emerged only in recent years. We therefore introduces its performance, the reasons, the theoretical foundation form various aspects. The last part of Chapter V highlights the privacy and public factor of intellectual property rights in the balance Because Intellectual property law is required to balance the interests of privacy ,so intellectual property rights in the balance of private right factor and public right factor.