On The Legal Protection Of Ideas

Original idea is not a completely intellectual achievement, always considered the initial stage of the traditional intellectual property objects. Under the influence of the theory of idea cannot be owned by one people, original idea has not been able to get the effective protection of the law. In fact, it is necessary for original idea to protect, because having justifiability and rationality in the jurisprudence, boosting economy greatly, complementing the legal system currently existing. The legislation and the judicial practice in foreign developed countries have formed the protection methods of original idea. For example, the United States courts have accumulated a lot of cases to protect original idea. Besides, Japan has promulgated a special law to protect original idea. In contrary, the inadequate theoretical research, the absence of legislation, the shortage in judicial practice, what clearly reveal that our country does not pay attention to original idea. Face of the problems in protecting original idea, it is necessary to build the legal protection system for original idea as soon as possible.Thesis, besides preface and conclusion, concludes four parts: chapter Ⅰ, original idea and the legal protection for it; chapter Ⅱ, dilemma and way of the legal protection for original idea; chapter Ⅲ, building the legal protection system for original idea. The first part, the thesis defines the original idea first, including the concept, the features and the distinction of similar contents. The original idea as a thought and idea through creative activity is unlike any other traditional intellectual property objects. Then, the thesis introduces three features of original idea that is novelty, concreteness to a certain extent and practicality. On this basis, the necessity for legal.protection is in from a legal, economic and institutional angle. The second part, the thesis focuses on analysis of the current situation of our country in original idea protection. Though these analyses, it find that the traditional civil law, intellectual property law, administrative regulations and policies cannot effectively protect original idea. Because the absence of legislation will affect the judicial decisions, it is more difficult to solve the problems that are protected by law in judicial practice. Then the thesis introduces the practice of the United States and Japan and the theory of Arrow’s Paradox of Information to explore the way of the legal protection mode for original idea. The thesis draws the final conclusion:a special law should be designed under the framework of the existing intellectual property system. The third part, the thesis introduces the principle of the balance of interests in the traditional intellectual property legal system and the principle of coordination with the existing intellectual property legal system. Under these two principles, the thesis designs the general framework of the original idea’s legal protection system. Considering original idea and patent have some similarity in some degree, it will learn from of the patent legal system. So, some specific contents of legal norms, such as the conditions to obtain the rights of original idea, the subjects of rights, the object of the right, the contents of the rights, protection mechanism, limiting system, are referencing by patent law.In this paper, the author adopted two methods that are document analysis and comparative study.Document analysis, that is by collecting and summarizing the relevant papers, drawing the useful point of view to analyze the problem in this thesis. Comparative study method, that is by analyzing the legal protection system for original idea in two groups of countries with different legal traditions to explore the method of legal protection.