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Intellectual Property

Posted on:2011-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:J W ZhangFull Text:PDF
GTID:2206330332473211Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The right attribute of intelligent property is a decisive problem of foundation theory. Carry on a research to this problem, Its importance and theory study meaning obvious.At present, the research of intelligent property has already gone deep into property right protection, public policy establishment, human rights and environmental protection, international economic protection and several realms, such as trade and national development strategy...etc., but such as the academics fixed position, intelligent property system of the essence attribute, intelligent property method of politics contain, human rights attribute, intelligent property and the development of economy and science and technology progress of relation etc. foundation theory problem, study still weaker, need many angles of thorough explain. resources be whole to put together, lead into philosophy, ethics to learn, the method of economics, Management, sociology etc. other academicses to inquire into the related problem of intelligent property. Currently, is still to the cognition of the intelligent property not accurate.The intelligent property is continuously a type of the generic name that is forming a medium right type, as to it's carry on the accurate definition of right attribute to really exist a certain difficulty. But this also reflects another reality at the same time, then the intelligent property is an outcome of history, destining the intelligent property right method of particular history stage will take up under the particular history condition of the branding of social economic policy. Is exactly the right attribute of intelligent property can make a show of in the process that develops in the history, the main embodiment is in the lawmaking report, law text of sovereign state originally, judicial decision and theory issue in, embody in the international intelligent property convention. These texts originally conceal a sovereign state the intelligent property policy under the particular background, is a hybrid body that include the intelligent property, industry development and market compete etc. Announce to public these, be advantageous to the becoming of feature that explains historical intelligent property law system, open widely and deepen the understanding to the intelligent property right attribute. Intelligent property system history toward the continuously extending of the object that we displayed an Intelligent property trend, this has certain differentiation with extending of other civil case right of general meaning, in the various civil case right, the Intelligent property is subjected to technical influence direct and violent.Can say, the Intelligent property method is the response that develops to the technique, and is the guarantee and guide that carries on to the technique.The Intelligent property is a kind of civil case right, inevitably have the general characteristic of private power, as the Intelligent property of exclusive right benefit, line up his sex but talk to have no materiality distinction with the property right of other types.Protect and the rules and regulations Intelligent property make use of of law but speech, Intelligent property methods in earlier period make to wait form to appear by charter more and mostly proceed from protect the businessman monopolizes a benefits of consideration.So the writer thinks that to study the attribute of intelligent property right, can not alone study internal right come isolated beg to answer. Split open problem to see, inside of private right and public benefits contact, be worth of grass-roots structure analytical clear, put at opposite should of history period, this isn't difficult for the above controversial right attribute problem and stipulated for the intelligent property law multifarious change to find out an answer of reasonable.
Keywords/Search Tags:Intelligent property, Private right, Public benefits, Attribute
PDF Full Text Request
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