Research On Relationship Between Private Rights And Public Rights In System Transition Of Intellectual Property Rights

The intellectual property rights nature is the most basic question of intellectual property rights system, it is the basic structure and cornerstone of intellectual property rights law system. The TRIPS agreement comes straight to the point that "the intellectual property rights are the private power", this localization of private power nature, causes the intellectual property rights to find in the civil right system to depend on and can further its development. Current research of academic circles to intellectual property rights nature, also basically pauses in the TRIPS agreement stipulation frame and so on. But, through the inspection of realistic society's, it is not difficult to discover that, in recent years several countries which have the compared successful system movement of intellectual property rights, all strengthened the government function intervention without one exception. The developed country with the aid of government's strength, vigorously carries out their intellectual property rights strategy in the global scope, thus they also obtained the great market monopoly status.But some developing nations are insufficient to the understanding of government function, when faces the aggressive intellectual property rights offensive of the developed country, government often appears somewhat helplessly in itself. Regarding this, the question which pondered us is: The movements of intellectual property rights whether needs the involvement of government function, how should government's regulations accurately locate, how to coordinate relationship between the private power protection and pulic regulations? This article attempts to makes the explanation to this question. The intellectual property rights strategy of our country is being in during the aggressively formulation currently, the research on system transition of intellectual property rights private power and pulic relations, may not only clarify some understanding erroneous zones theoretically, it also has the important reality instruction significance to benign revolution of intellectual property rights system in our country.Based on this, this article takes the historical evolution of intellectual property rights nature as research vein, launch the elaboration from five stratification planes gradually, utilize the related specialized knowledge such as sociology, the economic and the management and so on, makes an understanding from multi- angles to the transition of intellectual property rights nature, in hope of defining contradictory relations of civil rights and public rights during the movement of intellectual property rights system, then brings the trifle enlightenment to the strategy formulation of intellectual property rights of our country. The research admission passage concrete as follows:First part: The historical dividing line and reality fusion of dual structure between Public and private rights. This part mainly combs to the civil rights and the private rights relations. The public and private dual structure division initiates to the Roman law, under the tide of "the socialization of civil law ", the two gradually moves together, in the foundation of Combing bewteen the public and private rights, use a related theory of system economic, launches the general analysis to relations in the intellectual property public rights movement and private rights.Second part: The historical angle of perspective to view the origin ofintellectual property rights protection. This part mainly focuses on the historical inspection which origins to the intellectual property rights. Firstly analyses the intellectual property rights origin from two kind of different linguistic environments, then defined correlated argument of academic circles, and launches the concrete elaboration from three aspects of the copyright origin, the patent protection and maintenance of the commercial trademake, proved that the intellectual property rights protection origins from the feudal privileges.Third part: The evolution from privilege to private rights of intellectual property rights. This part mainly inspected nature transition of intellectualproperty rights and its the agent inspection. The introduction of "The social structure system" theory, provide us a kind of brand-new research admission passage to inspect the intellectual property rights evolution. Make generalized analysis through the economical domain, the political domain, the ideology domain, launches the thorough inspection to the nature evolution of intellectual property rights.Fourth part: Non-rational expansion of Private rights system and government regulations. This part gives the reason analysis to which expands to the non- rationality of intellectual property rights in current society, then provides theory support for the necessity of pulic rights involvement in intellectual property rights movement, finally makes the reasonable localization to government's role in intellectual property rights movement from the aspect of economic efficiency promotion and the spirit cultivation of private rights. Fifth part: relational coordination of private rights movement and public rights regulations. This part made the simple analysis to the theory of benefit balance at first, and take this as the value guidance, coordinates the relationship between the private rights movement and public rights regulations. Take respects the private rirhts attribute of intellectual property rights as the premise, then take attenion to the tool rationality of intellectual property rights system, and laborated the government regulations strategy of our country in detaile from the domestic and the international aspect.