Intellectual Property Rights Of Alienation And Property Rights

The direct targets of intellectual property system are to safeguard the interest of the obligee and finally to boost extensive dissemination of knowledge and information and to improve development of science,culture and economy by way of stimulation organism which guarantees the interest of the intellectual property obligee.Therefore,intellectual property system is regarded as efficient means to enhance creative ability,intensify technological innovation,reinforce trade and strengthen competitive status. However,in the wake of accelerating process of modernization and rapid development of economy as well as reinforcement of international trade these years,intellectual property was coercively interfered by policies of the developed countries to maximize their interest which leads to expand the connotation and denotation of intellectual property and enable the obligee to randomly abuse the monopoly thereby intellectual property has gradually presented a trend of alienation.If the effort to reconstruct intellectual property system by way of surmounting alienation failed,this alienation could restrict intellectual property system the other way round. This article offers an introduction of three superficial characteristics of intellectual property alienation,and puts forward constructive mode of information property oriented to dispelling alienation in order to provide integrated interpretation and uniform theoretical basis for similar rights built upon objects of information.Under combination of theoretical research and practical analysis,this article discusses about superficial characteristics and aftermath of intellectual property alienation and states the practicality and necessity of information property based on philosophy,jurisprudence and basic theories of civil law by taking advantage of methods of legal interpretation and logical analysis.The main text is divided into three parts.Firstly,this article introduces conception of alienation and its philosophical origin and evolution in the form of preface thereby drawing forth alienation of intellectual property. Chapter One points out that intellectual property alienation enjoys a lot of superficial characteristics.This part only focuses on analysis on intellectual property expansion,intellectual property abuses and non-localization of intellectual property in our country and puts its finger on cause and material manifestation of these superficial characteristics as well as their following deviation,antithesis and alienating consequences of reverse effect.Therefore,this part holds that construction of information property system is an efficient means to transcend or dispel alienation.Chapter Two places stress on theoretical basis of construction of information property.Relied upon research with respect to civil legal relation in civil law and jurisprudence,this part figures that the objects of intellectual property appear as certain information in nature and expatiates on obvious differences between res and information as well as demonstrates the coverage relationship between information and knowledge and concludes that the transition from intellectual property to information property is supported by not only theoretical basis but also practical necessity.Chapter Three expounds on differences between ownership and property right in conception and indication,and observes that classification of information property is more accurate.From the aspect of reclassifying information property,this part puts forward the constructive ways and modes of information property and precedes an examination of practical importance of the construction of information property system in our country as well as clarifies coverage relationship of information property and further research orientation.Finally,based upon encapsulation of foregoing discussion,this article enunciates further the relationship between intellectual property alienation and construction of information property and highlights the practicality and necessity of construction of information property.