Theory Of Intellectual Property Law Philosophy Foundation

The legitimacy of intellectual property rights, is the foundation of knowledge property right system of the whole building, and with the development of world economy and highlight the particularly important. Since the birth of intellectual property rights, people discuss and debate on the issue has never ceased. As kawashima Wu Yi said:"people engaged in legal research or study must learn to a special skill. This is a’discovery and description of all human behavior should be a legitimate reason’to skills." Intellectual property as a private rights, restricted or deprived of the use of the social public for knowledge product and spread at the expense of freedom, and give others the institutional arrangements of the privilege, reflections on its legitimacy to ask and it is extremely necessary. This article in view of the present academic circle surrounded generalizes the three theories, respectively is:labor rights theory, personality rights theory and utilitarian theory.Locke as the establishment of property rights of labor theory, to labor as the basis of property rights has, in his view, work as a personal thing to add to the natural objects and the gain, so all morally deserve him laborer labor income, labor property obtained is the natural rights of man. But at the same time, personal possession of all the work must also leave enough for others of the same good things, and not waste the premise condition. Based on the theory of Locke, many scholars have studied the theory of labor property rights will be discussed at a deeper level. A positive theorists believe that intellectual property rights as the intellectual work it is still a refined product of labor, is also just as well as labor produces irrefutable property rights, and set in Locke’s theory of "with enough good things to other people share same" prerequisite, to avoid the private right expansion can lead to immoral inequality such attacks; While a question theorists believe that the legitimacy of Locke’s theory of intellectual property rights system explanation is extremely limited, first of all, many scholars to the theory of meaning is there are many contradictory interpretation; Second, the labor theory of property rights of the tangible property as objects directly applied to field of intangible property as the object of intellectual property rights, can not explain proprietary features of intangible property, such as a possessive and not wasting, at the same time also can’t explain accumulating labor rights issues on product knowledge; Again, the evolution trend of intellectual property has been far beyond the theory itself is simple only protect intellectual property rights in the traditional sense, many specific problems in the field of intellectual property rights are unable to find the reasonable argument from the Locke’s theory.Originated in the continent’s theory of personality right is considered the match the Locke’s theory of the labor rights, from different sides respectively the perspective of intellectual property rights in the moral acceptability. Personality right motivation theory of intelligence products as the expression of self personality, intelligence product the externalization of the creator’s personality, so between the creator and intelligence products are connected, the legitimacy of intellectual property rights is based on this. This part will focus on analysis of Kant and Hegel, the property rights of personality theory in the field of intellectual property rights, will find that the personality theory in the process of applicable to the justification of intellectual property rights, has the natural effect of intuition, intellectual property is the creation of man’s thoughts, and this thought, nature is the embodiment of the personality. But at the same time, the personality theory to explain a lot of problems, but also has many difficulties, such as like intellectual property rights in different way and degree of personality reflect how to answer with the theory of personality right justification, negotiability and personality of intellectual property rights conflict is not transferable.An important goal of intellectual property rights system is the creator incentives to invest in creative intellectual products, and granted exclusive rights became inspired one of the most effective way to promote this, at the same time, the intellectual property system shall also be in the creation and dissemination of knowledge products to create a proper balance, so just fit the characteristics of the intellectual property of the utilitarian theory perspective. In the judicial practice of intellectual property rights, the utilitarian theory of thought has been largely confirmed, so the theory is considered to be the most powerful and most widely applicable theory. Although the utilitarian theory of system design is to a certain extent caused damage to the public domain, but the costs and benefits from economics Angle consideration, is conducive to social welfare to improve overall. However, with the development of science and technology capitalization and globalization, under the law of capital profit driven, once the intellectual property rights become the tools of capital profit maximization, the hard to avoid causing them to deviate from the value goal and the value function, and even clashed with the fundamental human rights. At the same time, was unable to confirm the cost of earnings, is also a lot of questions on the utility theory.In this paper, from the above three aspects demonstrate the legitimacy of intellectual property rights theory, its itself is not completely independent but also between with each other in particular, but any theory is the product of a particular stage people experience and social environment, will inevitably there is no perfect interpretation. There is no denying that, however, it is these imperfect theory laid the development of the intellectual property system.