On Private Nature Of Intellectual Property

The civil right belongs to the private power category .The intellectual property rights took the civil right as its important content .Its foundation is the private power attribute . "The intellectual property rights are the private power" .The judgment has the explicit stipulation in the related international joint pledge. "With Trade Related Intellectual property rights Pacts" (next called TRIPS agreement) when its preface partial affirmations effective protection intellectual property rights necessity, requests all member to acknowledge the intellectual property rights are the private power, this stipulation has determined the main key for the entire agreement. In the private power system main body equality, their earning autonomous connotation, become the intellectual property rights system to drive the humanity unceasingly innovates, the promotion society progresses driving force. The private power attribute is the intellectual property rights classification to the civil right category basic basis, but private power sacredness is provided the legal protection to the intellectual property rights the basic idea. This article has made the related elaboration from the below part to the intellectual property rights private power attribute.The first part of system inspected the private power origin, the connotation, and divides the private power the practical significance, exercises the relation close attribute in this foundation to the private power attribute in with the intellectual property right's right, like the right standard, the meaning autonomous and so on have made the elaboration, and unified our country current socialist market economy environment the special details to elaborate the private power system function. "Was the private power this theory limits has provided the advantageous argument for the intellectual property rights".The second part has analyzed the intellectual property rights converges the private power the law philosophy foundation. These foundations mainly refer to: Locker's property rights theory, Rousseau the social contract discusses with the cone property rights theory, as well as Hegel's property rights theory and Marx's work value theory. These theories elaborated the intellectual property rights private power attribute from the different angle. "The intellectual property rights is the private power ". This proposition proof has provided the powerful evidence.The social influence which the third part has analyzed this ."The intellectual property rights from another angle is private power" .The establishment brings it. This part of main standpoint is the public interest question. For individuals, person That conception "the intellectual property rights were the private power" have provided the gain property new way in the system stratification plane. The knowledge property does not have the tangible property in addition a kind of object in the traditional significance, by the knowledge property as the protection object intellectual property rights is the brand-new property law system which distinguishes with the tradition property rights. As one kind of new property rights, the intellectual property rights also have own characteristic - intellectual property rights to have the civil right's nature. In the article mentioned from the current intellectual property rights civil rights tendency, analyzes the knowledge to produce the power to carry on the civil rights reason and specifically to manifest. And by intellectual property rights in public interest analysis, are diligently sought for the establishment public interest and the intellectual property rights personal interest balanced mechanism.