| In this essay, an exploration is made into the title, connotation and historical course of intellectual property rights at the very beginning. Based on that, author tries to introduce, analyze, compare and synthesize the related properties' theories among the law thinkers in the modern age and contemporary age. In the way, the philosophy of intellectual property rights is refined to justify intellectual property rights' existence. Then, the article attempts to introduce the principle of benefit counterbalance in order to avoid a series of conflicts such as public benefit versus private benefit. Great importance is attached to establish an efficient legal system. It is because of that the pursuit of "making benefit reach the maximum " & "counterbalance of law system" is its eternal topic and target. From the approach of integration of science & technology, economy, law and system, a dissection is done on the intellectual property rights' particular logics. It is the development of modern science and market economy that gives birth to law of intellectual property rights.Finally, intellectual property law should rely on its economic basis and reflect economic changes. With constant economic changes, great changes have also continuously taken place on the elements of law such as subject, object and content of rights & duties. On the response of great changes in the new age and strong impact on the intellectual property law, our standpoint is not only to base us upon China's state of nation but also to reasonably realize internationalization to some extent. We should sum up the historical and present situations and make every effort on the science and technology, thoughts and culture, even the institution itself etc. Furthermore, we'd strive to establish efficient and legitimate intellectual property law of Chinese feature in China on the principle of benefit counterbalance aiming at modernization of intellectual property law against the background of globalization. |
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