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Going To Benefit Sharing Of Intellectual Property

Posted on:2012-08-14Degree:MasterType:Thesis
Country:ChinaCandidate:Q YanFull Text:PDF
GTID:2216330362456930Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The Intellectual property system is a kind of legal regime which appears along with the development of science,technology and commodity economy. Although the history of intellectual property rights legal regime is not long, There has been a lot of scholarly discussion on this topic. Go along with the knowledge growing explosively,people are becoming asking for more and more kinds of knowledge,but the disseminate way of intellectual has hindered because of the existence of the legal regime of Intellectual property right,besides there are fewer chances to use intellectual products.In this situation,there are more and more people including many investigators on the research of Intellectual property right become to question the legitimacy of the legal regime of Intellectual property right. Although every theory existed is trying its best to justify intellectual property,because these theories have different angle of view every theory gets visible advantage and limitation.So This article reviews three theories of justification for intellectual property by means of dialectical analysis on these three theories of justification for intellectual property :the labor theory,the personality theory,and the motivation theory,meanwhile show the readers the integration tendency of three theories.For the benefit of the society the rights of Intellectual property mast be weakening and benefit of society mast be strengthening sharing,in this case,we should rectify the standpoint on the research of the legal regime of Intellectual property in this case take the theory of distributive justice and instrumentalism will be a good choice.
Keywords/Search Tags:Intellectual property, The labor theory, The personality theory, The motivation theory, Benefit Sharing
PDF Full Text Request
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