Historical Evolution Of German Intellectual Property Law

The concept of intellectual property has been a controversial issue in Germany. While other Western European countries have recognized the conception of intellectual property, German artist, trademark Owner and inventor have no right to take the intellectual property as acknowledged Legal conceptualism in the field of German private law. As an Important system form in present Property domain, German intellectual property system has gone through a long process of gestation, generation, development and perfection, and it is the product of combined effects of various social conditions. History is a mirror. Many aspects of modern intellectual property law can only be better explained through the lens of history, based on past and present reasons. Therefore, the concept of intellectual property rights will be the starting point of this paper, according to the description and analysis of historical background, theoretical basis, legislative history and international protection. We grasp the development pulse of German intellectual property system, and borrow beneficial ideas for Chinese construction of the contemporary intellectual property theory and practice of the system.The basic structure is as follows:Introduction: a brief overview of the author's writing intention, and a clear grasp of the importance of development pulse of German intellectual property systemChapter One: describe the dispute in German academic circles induced by the concept of German intellectual property, and systematically interpret it, according to comparative studying on the relevant laws and regulations in the public and private law field.Chapter Two: describe the object for protection of rights magnificently in both pictures and literary compositions, according to the criteria for classifying of the intellectual property jurisprudence by German law circles. Put emphasis on the basic content and legal status of intellectual property from both industrial property right and literary property. Chapter Three: Mainly introduce and comment the privilege system in the details, which is the historical origin of German intellectual property. At the same time, the policy of privilege system has promoted the prosperity and development of local business and the development process of intellectual property system in addition. Thereby privilege system cannot simply be regarded as the precursor of copyright law. The underlying purpose of privilege system is not to maintain the benefit of the author, inventor or other craftsmanship owner, but the benefit of privilege enlightenment countries in the 18th century.Chapter Four: Spell out the theoretical foundation of intellectual property system. Firstly, the liberal political economic theory, which opened the early beginning of liberal thought. The goal of national public administration is not only the simple public welfare, but also the protection and realization of individual rights. Secondly, natural law theory and legal philosophy of personality rights, which makes possible the continuation of the personality rights bill for the original human rights. Strictly distinguish between personal rights and indigenous rights in the content. At last, describe the Locker's property labor theory.Chapter Five: describe the legislative history and legislative trends of intellectual property mainly from three aspects, which are the copyright law, patent law and trademark law, according to the needs and difficulties encountered in the legislative proceeding of intellectual property.Chapter Six: depict the situation of international protection for German intellectual property, form the aspects of bilateral agreement, Paris Convention, Berne Convention, Universal Copyright Convention and the international reform movement after World War Two respectively.Chapter Seven: according to the grasp development pulse of German intellectual property system, make some recommendations to Chinese intellectual property protection with the status of domestic intellectual property right in our country.