A Research On Intellectual Commons Theory

The Intellectual Commons theory assumes there's a intellectual resources,just like the "natural world",called Intellectual Commons.Only when the intellectual resources flow into "the Intellectual Commons",does it becomes more meaningful.Nowadays, with the fast developing of science and technology,the intellectual property rights expand execrably.The knowledge resources have been eroded,caring for the intellectual commons even more urgent.The growing development needs of development totally eroded the health of the Intellectual Commons;the privatization of basic research artificially generate the scarce of intellectual raw materials;the emerging of great number of new patent forms,particularly on the organism,and gene patents increased the damage; the developing countries' rights for fair use also are damaged,the high standard of the intellectual property rights makes the "later comer",the developing countries in hard situation in all fields of scientific and technological development.Catching up with the pace of the developed countries becomes more difficult.In the history of the development of intellectual property rights,there was pragmatics,creator-centered,user-centered,and pluralistic theory,the rights and obligations system built on the intellectual commons theory is pluralistic.The intellectual commons theory is pluralistic:innovators,users and the owners all have rights that need to be respected.Each of them has "a set of" rights;these rights are unified into a coherent and consistent pattern under the commons concept.The intellectual commons theory emphasis the analysis of intellectual property rights must evaluate the "moral impact" on the intellectual commons;it also breaks the mode that labor is the first standard in analysis the rationality of intellectual property.This moral evaluation is not merely a pure evaluation of the results.This paper only has the skeleton stipulations on all kind of rights;it also compare with the existing intellectual property rights system.From the characteristics of the intellectual product itself or the interests of balance, we can see the intellectual commons theory is reasonable.The intellectual products are intangible,consumptive,useful,and sociable to promote the generation of the intellectual commons,on the one hand,the existence of the intellectual commons reflects the interest balance between innovators,users and owners;On the other hand,by analysis the environment ethics,the paper proposed that we should make sure the equity between different countries or districts in the same generation and between the different generations in the same country or district in using the resources of the intellectual commons.The intellectual commons theory introduces the principle of "environmental ethics" is also a high light of this paper.Because the similarities between the use of intellectual resources and natural resources,we can care for the intellectual commons by using the environmental ethics and the sustainable development principles.The intellectual commons can maintain a healthy,positive,dynamic development,left us and our future generations vibrant,rich intellectual products to create more and better.This paper is divided into three parts;the first two parts give us the concept of the intellectual commons and analysis the rationality of this theory.The last part is the focus of this paper.From three aspects,it elaborates the problems in caring for the intellectual commons.By analysis with the environment ethics,the paper proposed that we should make sure the equity between different countries or districts in the same generation and between the different generations in the same country or district in using the resources of the intellectual commons.At the same time,we should maintain its rational growth.