The Balance Of Public And Personal Interests Of The Protection Of Intellectual Property Right In The Constitution Perspective

In practical perspective, intellectual property in China is property right which is gradually established after the reform and opening up and in the protection of law of intellectual property right. China has a preliminary strategy of intellectual property right, and intellectual property right system has been constructed; in legal perspective, the development of Chinese intellectual property legal system construction is rapid, Chinese legal systems of intellectual property right in the world is perfect; from the academic view, in the circle of intellectual property law, Zheng Chengsi and Wu Handong make a significant contribution to the development of intellectual property law, and intellectual property right consciousness has been popularized in the China; in the perspective of the constitution seeing from the balance of public and private interests of intellectual property, the protection of intellectual property right has received national and international attentions, public interest and private interest of intellectual property right is an unavoidable problem; balance problem of the intellectual property rights of public and private interests is an unavoidable problem; in the perspective of the constitution seeing from the balance of public and private interests of intellectual property is also an unavoidable problem in protection process.First, the intellectual property public and private interest of constitutional considerations, the value orientation of evaluation, and the constitution perspective of public and private interests conflict and balance of the foreign experience for reference, so we can clear the basic theoretical issues of protection of intellectual property right in balance between public and private interest, which has important significance to the understanding of the whole thesis. Secondly, analyzing the constitution perspective of public and private interest conflict and balance problem, listing the constitution the perspective of public and private interest conflicts, and reviewing the status of a balanced, all of the above lay a solid theoretical foundation for final constitutional proposals; thirdly, listing China’s current constitution from the perspective of intellectual property public and interest, and pointing out the shortcomings, it is foothold for all problems; Finally, in order to solve the balance between public and private interest, I proposed constitutional proposals, and five suggestions are "strengthening" intellectual property law system constitutional confirmation of the intellectual property law, to "construct" intellectual property law system coming up with constitution, "trying for" constitution explaination of the protection of intellectual property right, "recording " mechanism of intellectual property public and private interests in the balance and "clearing" relationship of constitution intellectual property protection and and intellectual property rights.