A Research On Interests-balancing Mechanism Of Intellectual Property System In The Perspective Of Atent System

This thesis begins with the analysis on the concept of intellectual property, withreference to two important intellectual property International Convention for the definition ofthe concept of intellectual property, and drawn based on intellectual property itself invisiblefeature of which is difficult to give an overview of the nature of the The definition alsoprecisely because of this reason laid the basis for one of the controversial intellectual property.Subsequently, this article found from the examination and analysis of the history of thebirth of the patent and its institutionalized since its birth, patents linked with the exclusive useof natural, but such proprietary rights or feudal Chartered has deviated from the purpose ofthe system at the beginning of the intellectual property generated design sense to monopolyrights to the intellectual property of the core power now compared, and to be mentioned in thesame breath, that is to say in the modern sense of the patent, and other intellectual propertyrights greater sense.Furthermore, derived based on the analysis of the history of the patent system legitimacydoubt when the comprehensive examination and analysis of intellectual property rightslegitimacy theory thus seem necessary in the analysis of the labor theory of intellectualproperty rights, personality theory, legal rights doctrine after excitation theory doctrine, andthe doctrine of the right to object, we can easily find that said labor as natural rights doctrineand personality theory in the beginning of the intellectual property generated with strongphilosophical foundation and moral superiority of the written argument the legitimacy of thepowerful weapons of intellectual property; but natural the right to say that in the era of thesecondary sexual highlighted the role of law now, reasonable and persuasive received stronglyquestion its legitimacy based on the intellectual property rights purposes as utilitarianexcitation theory born onto the stage but since modern economic analysis and empiricalresearch that patents can not play a role in encouraging innovation, and even to some extent,but the general public of technological progress brings benefits they enjoy even less incentiveto create.Based on the analysis of the properties and characteristics of the intellectual property, thepaper argues that intellectual property rights should be private products to tilt in the directionof the public products, current intellectual property largely awareness for the public nature ofprivate understanding on is quite detrimental to the development of intellectual property. Thus,the transformation is the intellectual property of the nature of the distribution of benefits ofthe intellectual property.Any further divided into a breakthrough with the public interest demands the patent, theanalysis of the basic requirements and the basic architecture of the intellectual propertyinterests of equitable mechanism, namely open mechanism and a limited amount of power,protection level and the level of economic development, the exclusive right and public use,the usufruct rights holders and others, paid or unpaid balance implementation. Analysis theexisting patent restrictions variety of ways as the core limit patent monopoly power as thestarting point, the balance of interests as the core mechanism in practice and can not bringhigh results, for example, first with the right not only on the restriction of the rights of people is very small, but in practice caused by other researchers study the cost of waste, are morelikely to lead to the first successful research but are not entitled to the patent’s unfairconsequences, even paved the way for speculation set.Finally, based on the empirical results of domestic and foreign scholars for intellectualproperty and international economic and trade relationship (such as: foreign direct investmentFDI) and technological innovation, the level of protection of intellectual property and thedevelopment of international trade has positive correlation, but the intellectual property rightsprotection and independent innovation does not determine the contact, we can see thatalthough the protection of intellectual property and can not be driven by the progress of thetechnology itself, in this regard that the utilitarian incentives on failure, on the other hand,even if the intellectual property system to protection of innovation, although unsuccessful, butthe development of trade is still favorable, further confirms earlier on intellectual property hasbeen the development of a competitive means-this conclusion.Throughout the text of this article the author through the history of intellectual propertyanalysis, economic analysis, social analysis on the basis of the argument and criticism of thescale of the existing intellectual property system design is a balance of interests obtainedintellectual property itself has quite the legitimacy of the current system design serious lack ofconsideration of the public interest, it should be a monopoly necessary transformation tochange monopoly rights of non-monopoly power.