On The Information Freedom And Intellectual Property Protection

At the beginning, the purpose of Intellectual Property system is that protect their interests by giving exclusive rights of intellectual property rights to intellectual property owner, encouraging them to take active participation in the development of knowledge products, contributing to knowledge and information innovation, broad and use it freely, finally, technology improved, economic developed. However, science has two sides, it not only provide facilitate free access and information sharing by the efficient way, but also create the technology protection measures, which is to ensure the rights is belong to the right person. Currently, technology has caused that the object of protection of intellectual property is broadened unreasonably, and the geographical scope of intellectual property protection is extended day by day, originally, the rational use of the system, which is to limit the use of the right,is destroyed gradually, oppositely, the monopoly of intellectual property rights is strengthened, so that it broke up the balance between protection of right and Restriction of right since it produce, the best wished for freedom of information and information sharing can not come true. According to the above, how to coordinate the conflict about the convenient of public use, the legitimate right for fast access to information and personal right of intellectual property owner, it become a new topic.In the first part, on the one hand, starting from the concept of information and information freedom, discusses the concept of information in legal, and pointed out that to make information have legal significance must meet the four conditions. On this basis, further discusses the concept and content of information freedom. On the other hand, starting from the concept and features of the Intellectual Property Rights, noted that the object of the Intellectual Property Rights, called intellectual products, has the same characteristic with information, the object of intellectual property is essentially information.In the second part, via selecting the typical point of the copyright, patent, trademark field, discusses the contradictions and conflicts between information freedom and Intellectual Property protection. And analyzes its apparent causes and underlying reasons, reveals that the Intellectual Property interests of the original balanced pattern is increasingly being broken.In the third part, following the above reason analysis, based on the point that behind the power struggles are the struggles of interests, pointed out that the contradictions between information freedom with Intellectual Property protection, actually are the contradictions between public's reasonably necessary for intellectual products with Intellectual Property proprietary, externalized to the conflicts of the private interests of Intellectual Property owners with the public's public interest, meaning of the deviation of price and value. Specifically, starting from the view of interest balance, by introducing the game theory and its methods, studied the game space and platform of information freedom and Intellectual Property protection. By means of the Cournot oligopoly model and its improvement, detailly discussing the four kinds of game and their balances of information freedom and Intellectual Property protection. And summarizes the inspirations we get from the game processing. Basis of the "degree" of Intellectual Property protection, further raised the dynamic balance and social coordination mechanisms of information freedom and Intellectual Property protection.In the fourth part, looking forward to the future development of intellectual property, and eventually return from the foregoing analysis to information freedom and Intellectual Property protection, proposed the author's idea:to carry forward the fine tradition of "low profile", "but different", "and for you", make effort to find a moderation and win-win way which can both effectively protect Intellectual Property and vigorously promote information freedom, establish the reasonable balance mechanism of information freedom and Intellectual Property protection, is the fundamental solution way of information, knowledge conflict between proprietary and shared.The conclusion part is the overall summary of this paper. We should firmly grasp the "balance of interests" of Intellectual Property law development's main context, root out the cause of the imbalance between the interests of intellectual property rights, and actively explore related solutions, to make Intellectual Property, which is considered "a rose without a thorn", reproduce gorgeous and colorful.