The Right Of The Product Of Intellectual Property

The right of knowledge product is the right which has the legal keeping intellectual property rights product ,and it is authorized by the intellectual property rights product and the intellectual property rights person's permission produces. After putting into circulation the market place , all the people get a product what owes The right of knowledge product. As long as the special use not using to infringe upon the intellectual property rights, people weighs up an activity, entitled to be put into use , to be resold , be dealt with to owe knowledge a product freely. The knowledge product weighs up the civil rights being one kind of exclusive, it is that the knowledge product proprietor institute exclusive. And the purpose of setting up knowledge product right is to negative influence produced by free flow for exclusive being able to remove intellectual property rights to the commodity, Distinguishing creativeness intelligence achievement proprietor intelligence achievement carrier ,knowledge product proprietor with creativeness, taking subsidiary notes, the intellectual property rights knowledge product enters the queen who circulates first that right of intellectual property rights people is restricted in producing a field, and reaching the balance that the intellectual property rights people always explores to intangible creativeness between the achievement monopoly right and society the public fully utilizing to knowledge product.The article is avoided to four parts, adding apposition foreword and conclusion. The foreword analyses recently the intellectual property rights present situation. Evil consequence causes brought about by excessive monopoly of intellectual property rights.The first chapter elaborates knowledge product power elementary theory. it carries out definition on knowledge product right, comparing the knowledge product right comparison and intellectual property rights, and Analyses the explanation knowledge though product right having close connection with bordering right, But it has the significance there existing in independence. The knowledge product weighs up the civil rights being to have lawfulness and it has that holding the intellectual property rights product, the lurch finiteness and opening law characteristic. it has close relations of knowledge property, But they have obvious differences between the object, the main part and legal lasting and the deadline. the right of knowledge product and the real right also have the close relations and the differences. Opposite to the real right object's universality, The knowledge product scope is clear concretely. The knowledge product right to control is also unable the real right equally completely to be likely absolute, and It is limited to by the knowledge product load's intellectual property rights. Finally, This article emphasized the knowledge product power significance. knowledge product power balanced circulation between intellectual property rights person and knowledge product person's conflicts of interest, Manifests the legal pursue to be fair and efficiency essence and it maintains the legal order and the freedom.In the second chapter, writer analysis the legal relationships. the knowledge product power is one property rights, and it has already manifested the knowledge product possessor to the knowledge product control. The people having the right of knowledge product is the people owing knowledge product. The knowledge product power's object, is the creating intelligence achievement carriers that people in knowledge shape domain science, technology, cultures and so on.. This is so special civil right object, containing the invisible energetic achievement attaches in above, artifact, the value and openness. this article writes three aspects, the knowledge product property rights, constructed the knowledge product right content with the profit knowledge product right and the guarantee knowledge product right. Knowledge product property rights knowledge product makes people have legally to their knowledge product hold the right to use, income and punish. Referring from with the profit knowledge product power is that the people who not owes knowledge product profit from holding rights for using and incoming. Finally, the guarantee knowledge product right is in lending money business , and on the civic action, the debtor and the third person may having certain value knowledge product to take the fulfillment debt the guarantee.The third chapter is about the discussion knowledge product power exercising and the limit question. The knowledge product rights exercising includes uses, transfer and knowledge product ways voluntarily, and so on. The use means by paid the value to obtain the right of knowledge product voluntarily, the knowledge product possessor has rights obtained The right of knowledge product occupies authorized, the knowledge product right of use, the knowledge product usufruct and the knowledge product disposition right. the transferring behavior, owning knowledge product rights person makes knowledge product rights transfer to other people's legal act. by this behavior, the person lost the punishment right, making the grant become to the new one owns knowledge product rights. The knowledge product's reverse engineering, taking the knowledge product rights from the people for legal keeping's implication technology's knowledge product, it utilizes the internal technical force to carry on the dissection analysis to the knowledge product, and breaks technical secret which and knowledge and gains needs. the knowledge product rights limiting in this chapter, the knowledge product right's limit is emphasis to limit the person who has the intellectual property rights. It's just for balancing knowledge product person and intellectual property rights person's benefit by the knowledge product power legitimate reasonable limit, and making sure that the knowledge product possessor holds with use knowledge product, not encroaching upon the intellectual property rights person's appropriation right. Its content mainly includes: the validity which the knowledge product originates, not encroaching upon the intellectual property rights person's right and the right scope only restricted in the knowledge product.The fourth chapter is about the discussion of knowledge product power protection. The judicial relief and the administrative relief are the essential methods of knowledge product right protection. The knowledge product right's abuse of authority must have the following component: the injuring behavior, the harming fact, the causal relation between the injuring the knowledge product behavior and the knowledge product harming fact, and the mistake. Its shows as invade, the damage, the hindrance, having no right to punish and illegal hiring and so on. Basing on view of the knowledge product's particularity, the way to turn over to the responsibility principle choice mistake responsibility knowledge product power's right infringement is turn over to the responsibility principle. To responsibility principle choice mistake responsibility, it aspect by entrusts to request the compensation loss methods realized., Including the confirmation knowledge product property rights, the request elimination hindrance, the request restore the original condition, the request to return to the return to original state knowledge product, request power ,and so on. When the knowledge product right , the intellectual property rights and other lawful rights has the conflict, the litigant except seeks the judicial relief, and may also seek for the relief through the executive action.In the article conclusion part, It is up to the question which studied and makes the final summary. The knowledge product right is an independent civil right, having oneself law characteristic. Although the knowledge product right has close contacting with the intellectual property rights, the real right and so on, it also has the independent and complete right system.