Of Analysis On Justice Of Limitations On Patent Right

This thesis searches for the legal foundation of justice on limitations on patent right with turning over to think the contradiction between patent right freedom and public interests as starting point. Theory of interests balance, one of the current main value analysis doctrines on intellectual property rights, discovers that the limitations on patent right origins from value balance caused by conflicts between public interests and patent right interests. The condition of justice can be divided into formal justice and value justice. Though value judgment can certify the absolute certainty of system value orientation, it is hard to certify the justice of limitations on law as it is at the scope of technique that the system is normalized. This thesis attempts to put forward the problem that to satisfy the principal part interests under consideration is the value standard of justice verification. In the meanwhile, through normalized analysis methods, this thesis certifies that based on equitable principle in civil law, the nature of limitations on patent right is that the patentee pays consideration to the society and the third party for gaining the exclusive patent right interests. And based on the analysis of interest structure and patent right structure, this thesis expounds the value of patent deed theory in technical mold of limitations on patent right. The researching steps on demonstration in this thesis are as follows:1. Define limitations and justice on right, the concepts worked as the starting point of researching logic. Cognize the impersonal foundation of limitations' existence and analyze the economic root of limitations on patent right from the view of right philosophy. From the view of economics of value exchange, putting forward mutual satisfaction of changeable interest is the proper way of solving conflicting interest and realizing maximizing self-interest and the standard of verifying the justice of system as well.2. Initially systematically sort out to the system of limitations on patent right with functional guiding. Based on the division of functional value, through taking value compare between limitation system for satisfying the patente counterpart's self-interest and limitation system for preventing abuse of right, point out that the core function and special value of limitation system is to satisfy the patente counterpart's proper interest request to patent object.3. Through standardizing analytic methods, establish technical mold of limitations on patent right. Technical mold is composed by the three factors of principal part, consideration and object and ft is concretized as contracted right and obligation. Under the condition of technical mold, demonstrate that the conflict and harmonization of principal part interests between patent inventor and patent counterpart leads to the interest game situation, and demonstrate that according to economic need on interests exchange, the patent inventor and the patente counterpart choose the contracted trade with the payment of consideration for each other. Moreover, analyze core factor-the coincidence relation between the composing of consideration and the two parties' rights and obligations, and lead to the free factors and compulsive factors of negotiating ontracts from external characteristics as well.Finally, by analyzing the principle of consideration in limitations and anti-limitations on patent right, discover that the justice value of anti-limitations on (?)atent right is to protect the proper interest of patentee. Further more, combine the (?)asic experience and principles of international treaties to analyze the lowest ationality of limitations on patent right.