The Research Of The Intellectual Property's Theory Of Weakening And Benefit Sharing

The theory of rights weakening and benefit sharing ,which is called the theory of intellectual property weakening and benefit sharing for short, is a new-style basic theory of intellectual property rights that maintains to establish a positive system of benefit sharing between oblige and user and then integrate and reconstruct intellectual property rights by way of minimizing prohibition rights in order to achieve the purpose of optimizing resources allocation and resolving the benefit conflict. The paper approaches a theory context of intellectual property system that shows throughout the past, the present and the future via a philosophy analysis of intellectual property rights, system and a benefit. From this point, it is conducive to interpret intellectual property using the theory of rights weakening and benefit sharing, and enrich and support it better. Firstly, intellectual property is a kind of right that is supposed by law upon the abstracted subject, which has indefinite range of benefit and easily causes the misappropriate of the public benefit. Secondly, the theory of weakening and benefit sharing contains such target. The ultimate value target of the intellectual property system is how to satisfy the needs of human being to survive and develop, which depends on a reasonable benefit sharing of intellectual property system as a result of knowledge utilization which brings about both monopolization benefit and public benefit. Thirdly, public benefit is the premise of monopolization benefit, but intellectual property system also must regard the monopolization benefit as positive and protect it. With science and technology developing, the development of intellectual gradually shows the tendency of privatization, on account of the indefinite rights limit, the expansion of rights privatization easily causes the monopolization benefit to misappropriate public benefit, if the public benefit is concerned in a improper way, that may have the public benefit surpass the monopolization benefit. For fear of it, the theory of weakening and benefit sharing affirms the property of private rights about intellectual property, and it maintains that it should be effective to prevent rights from abusing by means of weakening prohibition rights and reasonable benefit sharing to implement a objective and rational allocation and benefit distribution of intellectual property. Lastly, the writer proposes constructively to use the theory to instruct practice, that is, the priority of using should be considered firstly during the establishment of intellectual property, it should minimize the prohibition rights practically, and it can adjust the using conflict of the intellectual products positively happening to the oblige and the public using benefit sharing rights, meanwhile, it helps to reduce the sue cost of infringement dispute and avoid the waste of public recourse.