The Insufficiency Of Typology In Intellecture Property Rights And The Dilemma In Justice

Typology refers to a method by which different things will be treated as criterion type according to their common meaning and external character. By comparing the facts in social life with the criterion type, those facts which have the same meaning and external character shall be included in such criterion type and be governed by the same rules. The typological thinking has the character of no-limitation comparing with the character of conception thinking. Typological thinking has important functions in legislation and justice.In intellectual property rights, the insufficiency of typology is a serious problem caused by the insufficiency of systematism during the history of intellectual property rights and the lack of sense in academic research effected by powerful interested group in international cooperation , which leads to two dilemmas in justice: firstly, there is a contradiction between the statutory principle and the natural rights principle; secondly, China courts tend to abuse the principle to judge the cases because of the lack of justice method: the application of analogy.To solve these dilemmas and to achieve the aims of protecting the intellectual property rights and the intellectual property interests without extending the objects and contents, the academic research of intellectual property law should return to methodology of civil law. The intellectual property rights claim and the claim of infringing the intellectual property interests should be formulated, and the cooperation of related civil law system should be emphasized, under the integrity view of civil law.