The Rights And Interests Associated With The Conflict

We live in the times which stresses to wake the rights awareness and respect the rights appeal of the rights holder. The focus of judicial practice lies on how to respect and realize the specific powers of individual. People’s recognization to safeguard legal rights still remains on seeking clarification of Qiuju style. However, the practice of ruling by law has been undergoing profound changes. Instead of limiting to label the sticker of rights awareness awakening or the story of Qiuju’s seeking clarification, the rights holders continue to make the case of seeking individual’s rights by safeguarding legal rights. It makes us re-examine the relationship between rights and interests. The existed research on the relationship between the rights and interests are more concerned about the consistence of rights and interests, and it can not respond effectively to the phenomenon in the reality of legal life which out of this type. The article is based on the case of patent rights protection which the author participated and observed. The author tries to answer the possible contradictions and influence from the perspective of legal branch, when the rights holders pursue rights and interests.In order to clarify the meaning of rights and interests, we arrangethem and their relationship from the perspectives of jurisprudence and Patent Law. We believe that it is close related to the rights and interestsfirst of all. The rights reflects the interests directly, and the interests is the substantive factors of rights. Second, there are clear distinction between rights and interests. Only interests obtains the right appraisal, can it rise to the rights. The legitimacy of evaluation is based on the normative norms which are ethical and legal ones. And if the rights holders implement their rights when they beyond the bounds of rights or deviate from the purpose of legislation, it will lead to the abuse of rights.Observed through the experience type of case, we found the distinct evolution track from rights to interests showing by the movement of rights protection. When activists do the speculative activity in the name of rights safeguard, the vested achieved route of interests and the vested achieved strategy of interests are both point to the practical benefits. But it is quite far from the legislative decree to stop the movement of rights infringement and restore market order. Why the rights protection will deviate from the obligatory rights? By in-depth analysis of the case, we think there are two reasons. First, the legal system is failed or devolutive. Second, the activists misread the significance of rights and ignore the social costs of rights protection. Even though, based on the analysis, we think that the rights protection should go to the obligatory rights from real benefits. The rights pursuit should return to the legal path, and we should implement the rights protection in accordance with the legal procedures and methods in the legal field.It’s not contradictory between rights pursuit and interests chase. And in many cases, they are interrelated and mutually purpose. Interests is the significance of the rights to the body; the rights protection conforms to the normative interests. However, if one of them is dissimilated, the rights and interests are likely to conflict. For example, the rights is regarded as a method of seeking profits. In such a case, it not only can not protected by law, but even become the exclusive object of legal protection.