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Locke’s property rights theory, Hegel’s theory of personality, and the utilitarianism, aretools for modern scholars to explain the three basic theoretical of intellectual property. LockeRegarded labor as the foundation of theory of property rights which was used by Chinesescholars to explain the justification of intellectual property and played an important role. Infact, the field of intellectual property for the use of Locke’s theory focuses on the Two Treatiseof Government, namely the fifth chapter of sheet, dividing the Locke’s theory of propertyrights which should be a entirety, deviating from the traditional route of Locke’s natural law,ignoring the premise of argument made by lock referring property right and obligation of thenatural law of private property, those error behaviors result in undue attack at Locke’s theoryof modern intellectual property. At the same time, in order to completely understand Locke’stheory, it is necessary to correctly search Locke’s natural state, the natural rights and thenatural law, and the role of the government which established in accordance to Lock theoryplaying in promoting technological development and progress must be clearlycomprehended.Furthermore, in order to provide theoretical support for the legitimacy ofphilosophy on intellectual property law, a better understanding in the restrictive factor ofLock’s property theory in political society should be taken.This paper aims at explaining the three misunderstandings about Lock’s property theoryin order to get a new understanding on Locke’s property theory rather than arguing at therationality of the justification of intellectual property to property right. The methods in thepaper is,the perspective of texture and history,and interprets Locke’s theory of property rightsunder natural tradition law. This paper has the following four parts: Firstly, from the choice oftext, this paper abandoned those that most scholars whether supporters or opponents ofgenerally adopted which is limited to the fifth chapter of Two Treatise of Government whendemonstrating Locke’s theory instead connecting with other Lock’s works which are not takenseriously like Essay concerning human understanding, Locke: Political Essays, TheReasonableness of Christianity as delivered in the scriptures and so on in order to moreaccurately understand the Locke’s theory; Secondly, This paper focuses on the new understanding on the natural state, natural right and the relationship between the natural lawand property rights which are described by Locke;Furthermore, regardless of the ‘not-waste’principle and ‘adequate and well’ principle acquired by most scholars go back toLocke basic principle, namely the natural law of obligations,and complete the remainingdiscourse of property rights; Finally, demonstrate the system design Locke provided in aneffort to balance the rights of individual rights and public interest and obtain verification onthe system of government for the protection of personal property by Locke. All in all, thispaper expects to present a complete demonstration system in response to modern scholars onLocke intellectual property used in the three misconceptions justification above by theinterpretation of this paper.