The Materialization Of Personality Or The Personification Of Res

The object of intellectual property right is the basic category of the intellectualproperty law—it is the most complicated ingredient in the legal relations of intellectualproperty. Not only it determines the category、characteristics、content and remedy of IP, butalso itself is hardly to be defined explicitly. As the object of author’s right,“work” so it is, andeven more prominent—because of the different comprehension of the nature of work betweenthe civil law system and the common law system, they determine the nature of the rights ofwork distinctly different—this is intuitively reflected on the concepts of “author’s right andcopyright”.Since An Act for the Encouragement of Learning, by vesting the Copies of PrintedBooks in the Authors of Purchasers of such Copies, during the Times therein mentioned (theStatute of Anna) came to being, the copyright system has been continuing for more than threehundred years, and it gradually forfeits its original regular logical system in the process ofmutual running-in with author’s right that closely followed it. Based on this, this articlebegins in the perspective of history, rethinks and questions several logical、academic andpractical dilemmas of the existing copyright system and author’s right system, and clarifiesthe historical context of copyright system and the reason of its subsequent alienation. And onthis basis, this article tentatively shapes work as a kind of “res” in philosophy and law science,thoroughly negates “moral rights” which is the system freak and historical remain, restitutesthe rights of work to be pure property rights, and then clears away the barricades for thetrading practice of author’s right.The main body of this article is divided into six parts:The first part is Foreword, primarily introduces the study purposes、summary、significance and innovations of this article.The second part rethinks and questions the characteristics、legislative purpose and thedualistic structure composed of moral rights and property rights of the author’s right system,by means of the historical retrospect of the origin of copyright system. The questioning of thecharacteristics refutes the specificity that has been attached compulsively all the time, andshows that the essence of the IP’s object and the traditional real right’s are accordant; thequestioning of the legislative purpose refutes what the IP system can’t bear—encouraging the innovation, and criticizes our high expectation to the function of IP system; the questioningof the dualistic structure composed of moral rights and property rights of the author’s rightsystem criticizes our confusion on the personality and the property, and criticizes we lackstudying the idea of traditional personality right in civil law.The third part, by way of the fixiform of work text and the dissolution of its meaning,explores the metaphysical foundation for making work proved to be “res”, and provides thestrong philosophical support for this view.The fourth part is the core component of this paper, it keeps pace with the times toenrich the connotation and the denotation of “res” by analyzing the concepts of “res” and“property” in civil law in depth; and makes it as a conceptual tool on this account to link upthe copyright law system and the real law system, then provides the possibility of makingwork proved to be “res” in law.The fifth part studies several practical problems about trading of copyright in the sightof the pure property right in work, and then paves the practical way for making work provedto be “res”.The last part is the summary of this article which generally sums it up and reaffirmsthe viewpoint.In conclusion, nowadays there are some logical maladies and practical dilemmas inthe present copyright system, and this paper is a bold attempt to rethink and question themoral rights system for the sake of reshaping the pure property rights in work; and thenexpects it to be a favourable beginning to shape the whole IP rights into pure civil propertyrights further.