Research On The Limitation Of Rights In Intellectual Property

The limitation on intellectual property is one of the important theoretical issues on intellectual property law.As the standard of the exclusive scope of intellectual property,it is favor of ensuring the interests of the owners of intellectual property,and satisfies the reasonable demands of the public as well.Therefore,how to define it effectively and construct the system of the limitations are important to the intellectual property law.The intellectual property law is composed of patent law,copyright law and trademark law and other regulations as well,and the limitations on intellectual property are dispersed in the above laws and regulations separately,therefore the limitations have not formed a complete system. Theoretically,most of the scholars also discuss the limitations based on the separate laws or according to the species thereof,thereby lacking systematizing the limitations.As the result of above reasons,based on analyzing the limitation on intellectual property thoroughly with the methods of legal philosophy,economics and social policy,this dissertation constructs the theoretical system of the limitation on intellectual property according to the production,circulation and consumption of intellectual product.At the same time,it inquires into the current system and analyzes the new trends of the limitations.This dissertation includes three parts titled as preface,main body and conclusion.Among them,the main body consists of four chapters.Chapterâ… analyzes the limitation on intellectual property by using the methods of legal philosophy,economics.This chapter investigates the limitations from general and special respects.It discusses the characteristics of the intellectual product,intervention of the public right and the necessity and particularity of the limitation of the rights.It suggests that the interaction between intellectual property and market is the fundamental reason of the limitation on intellectual property.This chapter is the emphasis of the paper.It tries to provide theoretical support for the limitation on intellectual property.Chapterâ…¡discusses the characteristics,expression forms and developments of limitation on intellectual property,mainly from the view practical analysis.Chapterâ…¢constructs the system of the limitation on intellectual property according the market operation of the intellectual product.This chapter suggests that the system shall consider the different interests of relevant groups with the principle of balancing of interests.