Object Of Intellectual Property Rights

The object of intellectual property, is a basic theoretical issue in the field of intellectual property. There are three elements just as subject, object and content in the relationship of intellectual property law.These three elements are the essential elements of the intellectual property legal relationship, they are indispensable for the germination, change and eradication of the of the intellectual property legal relationship. The object of intellectual property is an important part of the intellectual property legal relationship. The research on the object of intellectual property is benefit for us to have a whole control and understanding of the intellectual property law and property law system. Our current understanding of the object of intellectual property public opinions are divergent. The traditional civil law theory of "intellectual achievements", Wu Handong,Min Feng, Zhang Hashing as the representative of the "knowledge products", Zheng Chengsi, Zhang Yumin, Zhang Qin as the representative of the "information", Liu Chuntian as the representative of the "behavior.", as well as the new initiation of the "multiple unit" etc.. Each theory has its academic value, but it also has shortcomings. This article aims to analyze the theory of intellectual property rights, and through the actual cases to illustrate the construction of the legal system, puts forward the significance of the construction of the new object of intellectual property rights.This article attempts to analyze the various theories of value and shortcomings from a dialectical point of view, through the dialectical analysis, we think that the object of intellectual property has two layers of priority, the first object is the natural object of the intellectual property and personal interests, the second derived object of the intellectual property law is in unstable state when the stop payment behavior, compensation for losses or eliminate the impact, the apology behavior. The object of intellectual property law system has important significance, on one hand, is conducive to the realization of the "maximum" economic interests, this maximum economic benefit can become a kind of creative motivation, intellectual property leads to the accumulation of social wealth accumulation, and the accumulation of social wealth is the direct cause of the social progress and development; on the other on one hand, constructing the system of intellectual property rights and shall be specified in the law, is conducive to the protection of intellectual property rights legal rights, which is the necessary condition to realize the incentive system.The first part expounds the definition of the concept of the object of intellectual property right. The object of the legal system of intellectual property rights and intellectual property rights are closely related, the legal system of intellectual property rights are changed with the object changes, it is necessary to define the object of intellectual property. The object of the intellectual property rights and the object are different things, the object is concrete, perceptual category, is the first thing, the object is abstract, rational category, is secondary. The object of intellectual property should contain the legal protection and confirmed to meet the intellectual property subject spirit interests and material needs of the intangible wealth.The second part is summary and analysis of the representative theory of the object of intellectual property right, from the point of view of philosophy and history point of view of the object of intellectual property theory in academia is not uniform. Detailed discussion and analysis of the traditional civil law theory "intellectual achievements", Wu Handong, Min Feng, Zhang Hesheng as the representative of the "knowledge products", Zheng Chengsi, Zhang Yumin, Zhang Qin as the representative of the "information", with Liu Chuntian as the representative of the "action", and initiation of the "multiple reconstruction ".The third part describes the basic theory and structure of the object of intellectual property right. This object of intellectual property is divided into natural objects and the derived object two cis-position, the first object is the natural objects, including intellectual property and personal interests, natural object as the object of static level; the second priority object is the derived object, is the cessation of the infringement, eliminate the effects of payment, the apology, the derived object as the object of behavior.The fourth part is about the influence of the object of intellectual property legal system and some ideas of the construction of the object of intellectual property, construction of the legal system of intellectual property, oe one hand,it should take into account the protection of intellectual property security of personal interests, on the other hand,it should protect a derived object based on inherent safety protection object on the feasibility of the relief. Construction of the legal system of intellectual property rights to maximize the value of intellectual property assets, it is conducive to fundamentally protect the legitimate rights of the subject of right.