A Research On The Objects System Of Intellectual Property

With the progressing of the world, the law system of intellectual property rights will regularize more and more objects, though their characters are extremely differently. As law system, property rights reflect the purpose of a nation. So, a nation, according to its own benefits, should provide properly these different objects with different systems of the ownership of property rights. Intellectual property rights are private rights, which only reflect on the national need of regulating the objects, such as patent, trademark and so on. However, with the technology progressing and the society developing, there will be more and more IP rights objects, which can't be entirely protected by private rights at least. Some of the objects, such as traditional knowledge and gene, should be provided with state-owned property rights and be managed by public law. In a word, based on abstract research on IP rights system, it is necessary to set up two kinds of object system. In this paper, the idea is proved with more than 39'000 characters.Preface firstly ascertains the definition of some objects. Then the author discusses his own standpoint to the theory that intellectual rights are private rights from Trips. Chapter 1 mainly discusses the necessities of writing the thesis from two aspects. One aspect introduces and discusses the theory of concept law,and then get the system of IP rights support the inherent logic of the law of IP rights, which is directed by the theory of private rights, but also face objectively the fact that the new objects are incompatible with the IP law. So it is necessary to abstractly think the objects system. The other aspect considers that the system of property rights should be based on the concrete character of objects by analyzing the general economic theory of property rights. So, for forming a rational IP law, we have to research the system. Chapter 2 discusses the definition of IP rights by analyzing the recent competition international, so as to prove the necessity of protecting the new objects. Then,by newly analyzing the characters of intellectual property and its objects, we can have rational thinking about the character of the new objects and the position of them. Chapter 3 quotes the question by introducing the case of Wusuli fisherman's folk song, and then proves the necessity and feasibility of building the system of state-owned property rights to the new objects.