Reflection Of The Expansion Of Intellectual Property Rights And Institutional Reconstruction

From the year when intellectual property rights system was build, the human history took out an unprecedented vitality. However, which follows the strong approval and the expansion of the intellectual property rights system is the termination sound of question. The dispute maybe inevitable, but precisely because of these questions and the critique, it is reminding us to maintain the especially attention to the intellectual property rights and to be careful about it. In particular speaking of our country, facing such an" imported product" and the brutal reality of the international society, we can not but start highly rationally to carefully examine it again from the strategy.We have chosen and have accepted the intellectual property rights system, but it doesn't mean that we have no criticize on the extant system. We should be self-confident. "The air supremacy" in the science and technology and the power of formulating and explaining the game rule of the intellectual property rights cannot only be the developed country's weapon, also it should be a sharp weapon for us to counter- control, strive for the development. But, self-confident should not be blind.Only with full understanding about the establishment of the intellectual property rights system can make it serve us well and to benefit ours society.This article is precisely making such an exploitation attentively, and makes every effort to avoid "the nationalism" tendency in questioning the intellectual property rights. Through an exhaustive analysis about the original condition of the intellectual property rights system and its expansion performance, the author discuss the reason of the expansion, then make an objective appraisal on it—the expansion has already challenged the embodiment balanced spirit constituted to its system enormously. With joint forces in all sorts of factors (artificial factor played an major role), the intellectual property rights has already gradually departed from the rationality goal which embodied in it. And also it has affected to the realization of social public benefit. And in this foundation, I proposed my own solution.The first part mainly adopts a historical passage, through the introduction and the analysis on the history of the great debate on whether literary work is the common law property rights, the author found that fair is just the establishment orientation value of intellectual property rights, and benefit balance is the substantive essence of its system. Under this kind of value direction, the intellectual property rights mechanism is maintaining the idea of balance.