Intellectual Property Rights Limitation Of Public Interest

On the one hand, intellectual property right law should protect the interest of the possessors of intellectual property rights ; on the other hand , it needs to protect the social public's usage of intellectual property rights'production to reduce the development of the society's science , culture and art. In order to realize the double aims, intellectual property right law affirms intellectual property rights'proprietary, in the meanwhile, it also prescribes the limitation of intellectual property rights'proprietary in order to balance the individual interest and social public interest. Social public interest is the main motivation and aim of limiting intellectual property rights'right. The relation between the limitation of intellectual property rights and social public interest is an important basal theoretical problem, it has very significant meaning for realizing value goal of intellectual property right law.This thesis discusses firstly the basal theoretical problem of intellectual property rights'restriction from knowing intellectual property rights'right attribute. The thesis doesn't assent the parlance that intellectual property rights belong to or become public right , thinks that intellectual property rights in nature are private right with stronger public interest nature . Just for its stronger public interest nature, restricting intellectual property rights is necessary. By comparing intrinsic and outside theory , the thesis offers that intellectual property rights'restriction should adopt mixed limitation theory that takes mainly intrinsic theory and gives attention to outside theory, synchronously dissertates the basal character of intellectual property rights'restriction.This thesis analyses the cause of intellectual property rights'restriction. By analyzing and comparing some tightly correlative categories such as intellectual property rights'abuse, intellectual property rights'interest balance , intellectual property rights'conflict, it thinks that intellectual property rights'abuse is a kind of special intellectual property rights'infringing action, infringing action's result demands infringer to bear relevant legal responsibility, about intellectual property rights'abuse, exists only regulation(defend and crack down on ) problem and no limitation problem, therefore it isn't the reason of intellectual property rights'restriction. On discussing the relationship between interest balance and intellectual property rights'restriction , this thesis thinks interest balance is the goal of intellectual property rights'restriction, is the basic method to resolve interest conflict problem in judicial practice , it also isn't the reason of intellectual property rights'restriction. This thesis thinks that intellectual property rights'conflict is looked upon the main reason of intellectual property rights'restriction more rationally.Discussing the relation between intellectual property rights'restriction and interest balance is the important content of the thesis. on this part, the thesis dissertates public interest's status in intellectual property rights'restriction system, thinks when individual interest and public interest conflicts , public interest priority. Basing on comparing public law and private law's protection of public interest, the thesis show the special function of intellectual property right law of protecting public interest, and discusses idiographic intellectual property rights'restriction systems in different countries that protect public interest. This thesis coordinates existing Chinese legislation of intellectual property rights'restriction systems, and probe into system structure of intellectual property rights'restriction systems, thinks it is consisted of a relational integer of intellectual property rights'restriction systems'provisions in constitution law, criminal law, civil law, economic law legal branches.Finally, the thesis discusses the interrelated problems to construct and consummate Chinese intellectual property rights'restriction system. These problems include: the legislation model , homeland characteristic of intellectual property rights'restriction system, the concept usage of public interest and public interest'limitation in intellectual property rights'restriction system and so on, expecting to offer reference and use for legislation departments.