A Study On The Philosophic For Intellectual Property Right Conflicts

Intellectual property conflicts are new law phenomenon arose in recent years, and still increasing now. How to understand correctly and solve the conflicts properly is the common question in front of intellectual property researchers and the judicial practice field. Special reasons and inner rules are always behind the phenomenon. So the text begins from the reasons of intellectual property conflicts , in order to find out the innate character and improve people's understanding about the question. By analyzing the conflict cases happened around trademark right, put out some common judicial rules to settle intellectual property conflicts.The whole text is composed of three chapters.Chapter one is on the reasons of intellectual property conflicts. This chapter is divided into two parts, Part one is about the jurists' ideas about right and right conflicts, concluding the characters and nature and social influence of civil right conflicts. At the same time, the dispute about the truth or false of intellectual property conflicts are challenged here. By showing numerous intellectual property conflict cases in practice and the lack of intellectual property rights restriction by law and the owner's knowledge on intellectual property rights, the author recognizes that intellectual property conflicts are real necessary to research and solve. This viewpoint questions clears up misunderstanding about the problem. A new and simple concept is given to intellectual property conflicts after comparing different idea sand concerning the demand of judicial practice and theory. In part two, the social background of intellectual property conflicts are deeply analyzed. From knowledge to property is the background of productive force. From special privilege to private right is the background of law. The awareness of intellectual property rights is the background of law culture.Chapter two is the theoretical response to the cause of the conflict between intellectual property rights and human rights. In this part, the thesis mainly makes no analysis and response on the conflict between intellectual property rights and human rights, aiming at understanding the conflict theoretically. Based upon generic theoretical research of the issues of rights conflict, the thesis generally holds the cause and essence of the conflict between intellectual property rights and human rights and raises that the conflict on the one hand reflects the conflict of benefits, that is, the conflict between intellectual property rights holder's benefits and public benefits. On the other hand, it also reflects the value conflict, that is, the conflict between value of equality and efficiency. Also, through the rethinking of the fundamental theories of IP rights, the thesis put forward that the root of the conflict lies in the traditional concept of intellectual property system. These traditional concepts stem from the recognition of the rationality of intellectual property rights protection, namely the fundamental theories of intellectual system. Therefore, there is an urgent need to fundamental theory of intellectual property system, renew reflect on the concept intellectual property system, and then construct a theoretical frame of the harmonious progress of intellectual property and human rights.Chapter three is the harmonious progress of intellectual property with rights. The thesis advances that in order to assist intellectual property progress harmoniously with human rights, a sequence of principles should be carried out in institution designing: namely legal benefits preferred protection principle, benefits balancing principle, relating intellectual property protection to economic social development principle, and the self-determination principle in legislation. Systematically, part two is on the judicial equity rules of intellectual property conflicts. It is very helpful to solve intellectual property conflicts in practice.