The Utility And The Interest Balancing Of Intellectual Property Institution

We are embracing the new epoch of knowledge economy of twenty-one century, which demands a proper economic cadre and legal institutions,especially those of intellectual property. And it tends to be the developed countries'strategies to impose the intellectual property's institution standards benefiting themselves onto the whole world. This tendency is even strengthened with the growing economic competitions among countries. The dissertation takes the title of The Utility and the Interest Balancing of Intellectual Property Institution with the purpose of illustrating two topics by historical and developing angels as well as"the principle of priority of the country's interest"so as to provide certain references and hypothesis for our nation's intellectual property institution to achieve a reasonable construction.1 There are many sound understanding of the theoretical foundations for intellectual property institutions, among which Locke's theory is especially favored. This dissertation is intended to discuss the utility of the intellectual property institutions with the view points of its history and the special natures of knowledge products, which also holds the argument that Lock's theory doesn't apply properly to intellectual property. The utility of the intellectual property institutions takes the maximization of the country's benefits and the most people's happiness as the criterion to decide whether the construction and development of the intellectual property institutions is reasonable.2 The utility of the intellectual property institutions shows various indications and requirements in different historic periods and that of modern intellectual property institutions mainly involves the interest balancing mechanism. What's more, the interest balancing of the intellectual property institutions is a dynamic one—1) which is oriented by each national public policy; while 2) all interests involving knowledge products are dialectically-related and demands for the balancing point through the intellectual property institutions; and 3) a proper analysis upon interest balancing of international intellectual property institutions considering more and more interacting relationship among countries with the development of information industry and global economy incorporation is, therefore, made.It is very significant for a country to take the intellectual property institutions'utility and interest balancing into consideration when making the development strategy. The dissertation also makes theoretical and brief suggestions about our national development strategy of intellectual property institution in the current situation.