The System Function Of The Intellectual Property Clause In The Constitution Of The USA And Enlightenment

The subsection8, section8, article1of the federal constitution prescribes: to promotethe progress of science and useful arts, by securing for limited times to author andinventors the exclusive right to their respective writings and discoveries. This clause iscalled the intellectual property clause and it is the congress foundation of patent law andcopyright law. Under the guidance of the intellectual property clause, the United States haspassed the federal paten law and copyright law, the United States began to build theintellectual property system.Though the intellectual property clause is short, the structure is very ingenious. It isthe constitutional basis of Congress getting the authorization for the intellectual property,and making perfect the intellectual property system possible. The intellectual propertyclause, not only formulates the objective of the intellectual property system, but also limitsthe abuse of Congress power. It is the foundation of the intellectual property system in theUnited States. The balance principle embodied in the intellectual property clause, becomesthe trial principle in judicial practice and provides the Constitutional basis for publicpolicy formulation.In chapter one, according to the development sequence it is introduced the historicalbackground and forming process of the intellectual property clause, and the articledescribes how it is formed eventually. In chapter two, it is introduced the content of theintellectual property clause and the balance principle embodied in the clause. In chapterthree, the article describes the system function of the intellectual property clause. Theintellectual property clause has interactions with other constitutional provisions, case lawand specific intellectual property system. It also impacts the Intellectual property antitrust,the intellectual property policy and international treaties.