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Justification Path Validity Of Intellectual Property

Posted on:2017-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:W WangFull Text:PDF
GTID:2336330536953429Subject:Law
Abstract/Summary:PDF Full Text Request
Generally speaking the validity of intellectual property Justification path into mainstream moral theory and utilitarian,both hard to compete with the reason,the reason that it is logical to justify both their different paths: deontological dependency theory consensus,while utilitarian dependent effect of proof.But no matter what kind of logic can not in justification,and could not explain the specific rules of intellectual property.Breakthrough diversified validity of intellectual property theory Justification path is theoretical and practical significance."Law can only adjust the existing items,can not decide or change the nature of adjustment thereof.Therefore,law always is secondary." in this sense,the law only bathed in the light of philosophy in only by a fraction of spirituality.Philosophy of science and technology perspective,the subject matter of protection of intellectual property information,if there is no regulation,information entropy will gradually increase until near the edge of the "heat death",and in this sense,intellectual property is undoubtedly the "negative entropy" and then from a scientific point of understanding the legitimacy of intellectual property.Since the subject matter of protection of intellectual property information,the projection in the philosophy of science is the corresponding card as a method of quantum mechanics,the theory of intellectual property rights as if pluralism is a quantum mechanical wave function boundary probability equation,norms in constructing theory in based on the boundary conditions,the middle principle("principle of efficiency"(efficiency),"public domain reserved"(non-removal),"the principle of proportionality"(proportionality)and the "principle of the dignity"(dignity))constitute the operational level,the concept of intellectual property rights the basic principle of the pillars of the breakthrough point of the theory is that the legitimacy of the theory of stratification,in fact,hierarchical legitimacy question: why legitimate fundamental intellectual property issues,intellectual property and operational level so why problem,two aspects of the problem treated differently.In practice,the middle principle does not rely so heavily Justification deep conceptual normative basis for intellectual property protection.From the content point of view,between these four principles are in conflict possible.So the discussion of specific conflict on the principle of selection criteria is particularly necessary.Pluralistic theory of intellectual property in the digital age and the applicable group of IP intellectual property issues,for example,demonstrate the principle of efficiency is to resolve conflict of rights ruler,the reason is that intellectual property is the wisdom of the market,rather than the law first,then we can not on the system in terms of departing from the description of its system and market environment.Efficiency principle connotation stems from the value of intellectual property objects attributes understanding of the implementation of intellectual property systems and intellectual property strategy of globalization has implications.
Keywords/Search Tags:Intellectual Property, Justification, Philosophy of Technology, Entropy Theory, Capital, Economic Ethics
PDF Full Text Request
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