Intellectual Property Rights Restrictions

The human society has entered into the era of knowledge economy. In the knowledge economy society, the intellectual property rights play a very important role to economic development, the institution of intellectual property rights becomes the focus of people and is paid close attention day by day. Among which the institution of limitation on intellectual property is playing a more important and outstanding role. It is significant for realizing legislative aim and the value goal of the intellectual property law, especially for exerting the function and operation thereof under the conditions of new technology.According to the clue of theoretical analysis - investigating the existing system - looking forward to the development trend - offering suggestions of legislation, and surrounding the principle of benefit balance as well as relevant principles of economics, this dissertation tries hard to dissect the theoretical foundation of limitation on intellectual property, it also aims at constructing the intact theoretical system of limitation on intellectual property through analyzing the existing system and discussing new development tendency.The thesis includes four parts:Part I have probed into the theoretical foundation of limitation on intellectual property. The dissertation explains the theoretical foundation thereof proceeding from the angle of jurisprudence and economics separately. The principle of balancing of interests forms the theoretical foundation of the limitation on rights. The theory and method of economics also offer enlightenment for analyzing the limitation on intellectual property rights.Part II Have described the legal system of limitation on intellectual property. The dissertation divides the system of limitation on intellectualproperty into two parts——interior limitation and exterior limitation.Interior limitation primarily comes from the intellectual property law itself. Exterior limitation is that get rid of the restraint of its own regulations.