Reflective Balance Of Intellectual Property Rights - The Law Of The Irrational Expansion Of Intellectual Property Rights

Under the circumstance we are constructing a culture ruled by the law, hoping to get safeguard from a huge institution civilization, though, we are suffering from another domain. This is not others, but the intellectual property law. Today, with the demand of many "proprietarianisms" on the intellectual property, especially those come from American and other developed countries, our intellectual property law are developing in a irrational way. It has broken the internal balance that sustains between the owners of intellectual property right and the public. This expresses in the following aspects: The firstly, the protection period of the intellectual property rights, especially of the copyright, have been extended indefinitely. As a result, it makes the right of the public to contact the intellectual products delayed timelessly. The secondly, with the stimulus of profits, more and more objects that belong to the public, such as the genetics of human being's , the methods in commerce and the procedures of the computers, also have become private properties. It has broken the rule that the public domain is disengaged. The thirdly, many limits on intellectual property rights have also been limited . The typical case is the "fair use right "of the public has been denied in the digital circumstance. But we all know that these limits on intellectual property rights are not meaningless. Concerning the "fair use right", it not only helps to promote the culture innovation continuously, but also it is a important way for the public to exercise his constitutional right, i.e. the right of freedom of speech. If it denied, the development of the society will be halted is certainly. The final express of the owners of the intellectual products to expand their rights shows that they often betray their duties that entrusted by the intellectual property law. For example, the owners of the intellectual property rights often give their intellectualproducts a price according to the market efficiency completely, which is always much higher than the public can offer . As a result, the purpose of our intellectual property, providing more and more intellectual products for the public to enjoy has been frustrated absolutely. Another typical case that the owners betray their public liability is that when many people in Brazil suffered from the AIDS disease, the govement of Brazil issued a law, which entitled the local enterprises to produce the medicines that can cure preceding disease but secured patent by foreign cooperation, it resulted opposition from American owners of patent immediately. The govement of American Also bring an action against Brazil for the act.General speaking, with the promote of many proprietaianism , our intellectual property law is increasingly betraying its public ration. The ideal that the human being lays down on the intellectual property is on the edge of bankrupt. The balance between the public and the owners.of intellectual property right has been broken completely.Just based on the context for saying, this article 'aim is to disclose the cause that leads to the lose of the spirit of balance which is ingrained in the intellectual property law and then find a way to resolve the problem . In the second section of this article, the author has given us four reasons to explain why intellectual property right expanded irrationally: At first, the author thinks that regards intellectual property right as natural right, especially when the natural right encounters crises in recent is the core reason. Second, western developed countries have wronged to place the ideology of the tangible property on intellectual property. The third, the owners of intellectual property are tend ant to act collectively, they always have the power to interfere the legislation and judiciary in advance, which make them can get a law enacted or a verdict entered that are partial to them. Finally, the law and international treatment have set intellectual propertyright as personal right, which makes the public's constitutional rights, su...