| Along with the economic globalization, the times of knowledge-based economy is coming. As served for the knowledge-based economy, developed countries, especially America, extend the system of intellectual property forcedly. Now all the nations in the world almost have the same protection standard of the intellectual property. This is divorced from the economic base of some countries, and ignored the difference of the culture tradition; emphasis on the interest of the developed countries, and immolate the developing countries; protect the interest of corporation, especially multinational corporation, more than the individuals. In this text, we analyze the essence attribute of the knowledge and the intellectual property system, get the blemish of the intellectual property right system, compare theories source and development of the intellectual property system of China and western, get intellectual property theories and system of China have to escape from entwining of west, pursuing own independent quality; Secondly, because of modern intellectual property system of in the establishment process, developing country and not flourishing nation participate less, therefore protecting disadvantage to the traditional intellectual property; finally, the actual result level circulated from the intellectual property system carries on analysis, can get a development that the current intellectual property system really limits human rights. The intellectual property system becomes the tool with which a developed country to keep the advantage position and the multinational companies in the international competition to lay hands on to get monopoly profits. Therefore, our country is a developing country, should base on own of economy development level, adopt necessary measure restriction the excessive protection of the intellectual property, if draw up a reasonable intellectual property strategy and lower public knowledge an usage cost and investigate new system to replace intellectual property system etc.. But the most realistic and the most urgent is the anti-monopoly that draws up intelligent property right realm to break law norm currently, in order to prevent the intellectual property right system result in of the deepening of inequality, insufficiency phenomenon of the competition. |