On The Equilibrim Between Private And Public Benefits In Intellectual Property Of Our Country

Intellectual property owner's rights incessantly expand, along with the advancement of science & technology and the development of society, as well as the scope of public information's freedom extend gradually at the same time, thereby come forth a tension between monopolized rights of intellectual property and the public could approach or use knowledge resource at liberty or limit, result in the conflict of both benefits. Intellectual property law takes attention to the conflict between private benefits and public benefits the time of day in intellectual property rights, private benefits need protect by power, yet public benefits are the root of legislation, harmonize the scope of both rights, which is confronted with assignment for each society order.Constructing mechanism of interest equilibrium, which is an efficient method and mean which resolves the conflict between private benefits and public benefits in intellectual property rights, accordingly, makes both achieve a felicitous and modest ideal state. At the same time, as complementary mean by way of effective system relief, in the dynamic process of knowledge product producing and moving, always makes both benefits keep equilibrium. This is maximum valuable pursue about system design of interest equilibrium on intellectual property law.Interest equilibrium both intellectual property owner'private benefits and public benefits, is the footstone of intellectual property law's institution. Intellectual property law promotes the society valuable aim of equity and justice to realize furthest, through balancing interest connection both intellectual property owner and the public. Consider sufficiently rights and interests with reason between intellectual property owner and the public, harmonizes both connection well, encourages knowledge creating, as well as promotes the public to approach and impose knowledge product, pulls off best of all collocating with reason for society resource. From the angle of interest equilibrium, makes out introduction for theory frame of intellectual property law, more understands the intention of intellectual property law, valuable constructing and system design, and so on the key points.In the whole history developed process of intellectual property law, interest equilibrium is always a main rhythm of intellectual property law's development. None but intellectual property law pursues for the aim of interest equilibrium continuously, realizes best of all collocating with reason for society resource. Protecting of intellectual property needs give attention to two or more between intellectual property owner and the public's benefits. As a result of knowledge and technique have exterior nature, their abroad imposing and spreading make for improving social welfare and promoting society progress. Thus, intellectual property law protects intellectual property owner's benefits, at one time, avoids abusing intellectual property rights to damage common interest. Our nation bases on the situation of a country concretely, confirms the rule and system intellectual property protecting, from the angle of encouraging and protecting nation interest.