Philosophical Reflections On Theories Of Intellectual Property

The justification of intellect property is a basic unit in the field of researching intellectual property. The study and argument to this problem have never stopped since the law of intellectual property comes into being. So nowadays, there form three leading approaches to this problem in the academic field of intellectual property. That is: labor theory, personality theory and encouragement theory. Something to worth noticing is: the above theories do not have a united and definite formation and angle of view on intellectual property object level. As a result, although above theories try their best to justify intellectual property, the existence of both advantage and limitation means the need of merging the three approaches. Meanwhile, the unbalanced development of the inherent contradictions, such as the paradox between the subject and object bring intellectual property to an expanding extreme track with no principles. So this article makes a new generalization to intellectual property on theory. That is the intellectual property refers to the possession of controlling right to innovative returns in fact. And this article gets a new conception that the innovative returns are the new object of the research of intellectual property and regards this as angle of view to analyze and reflect the three approaches, depends on instrumentalism philosophy to demonstrate benefit balance mechanism is a beneficial entrance of harmonizing the contradictions of intellectual property so that the intellectual property develops concordantly. In the end, the article makes beneficial exploration for the development and perfect of theory and practice of intellectual property.