Research On The Origin Of Intellectual Property

According to Hayek’s theory, the social orders can divide into two kinds：aspontaneous order and a made order. Spontaneous order means it is formed by nature,but a made order is organized by the government or some organizations. The law isone kind of social orders, so it has the characters of social orders. And it is especiallyobvious in the intellectual property law. So the alienation of intellectual property lawcan be divided into two kinds: form the law that protect the interests of the rightholders turn into the tools that the right holders can make profit: from the law thatimprove the science and the arts turn into the law that block the goal of the law.In the intellectual property law, the facilitators are mainly the right holders, forexample, the owner of trademarks, the inventor of invention, they want to use theirright exclusively in order to get profit. And the government’s aim is to improve thescience and the arts. There is an obviously logic, the government protect right holdersby law in order to reach its aim. But the government ignores the problems that rightholders’ desires are endlessly. When the desires of right holders are too big, thespontaneous order can turn into alienation order.The made order can be divided into two parts, one is the aim of the government,the other is the institution. In the view of government, if they put the law into action,the institution must be workable. So the law is the aim’s sufficient condition. And inthe same time, the law is the aim’s necessary condition. Because protect right holders’rights is the best way to get the government’s aim, at least now. So, the law is theaim’s sufficient and necessary condition.These seem normal. But the logic of the institution ignores two preconditions:The right holders don’t care about the aim of the government: The government didn’tconsider the situation that the spontaneous order may turn into alienation. First, theright holders don’t care about the government’s aim. When the right holders seek helpfrom the law, they only care about their interests. Second, if the government wants toreach its aim, it must rely on the way that protects the interests of the right holders. And the precondition is the rights must be controlled in fixed range. But in the fact,people’s desires have been turn into alienation. When the way to reach the goal of thegovernment changed, the made order is changed too. So the alienation of theintellectual property law comes out.