An Insight Into The Constitutional Legitimacy Of Intellectual Property Law

According to the perspective of legal relations, intellectual property law is a rule system for adjusting the legal relationship between freedom and freedom. The essence of the legal relationship is antagonism:the increase of somebody's freedom always follow by the decrease of the other, the increase of intellectual property rights holders'freedom means decrease to the public. Charging for study cost, restrictions on freedom of learning, will cause the legal relationship of antagonistic toll between the right holders and learners, educators, consumers. Because of intellectual property rights and basic human rights in the Constitution such as freedom of expression, freedom of thought, freedom of speech, freedom of publication and so on, are "the cost to each other", and intellectual property legislation is closely related to guarantee of basic human rights and implementation of constitutionalism goals. On the one hand, intellectual property legislation must fit the condition of "alienation and compensation" which the constitutional rights require; on the other hand, the concept of justice on constitutional thought is the standard for legitimacy of the intellectual property system and the expansion of existing intellectual property must be based on the principle of justice. On the implement process of "multi-win " goals for intellectual property, the natural rights and special rights, negative and positive freedom of sxpression, individual rights and public rights must be alienation and compensation adequate, for not only basic human rights such as the freedom of property, education, and expression will maintain, but also bring the increase of freedom of polity, thought, and expression.