Study On The Countermeasures Of Perfecting The System Of Intellectual Property Rights Restriction In China

The intellectual property rights system is one of the basic legal base with the market economy unceasing development of extension,its macroscopic composition has two parts below,one of which is the protection of intellectual property rights,the intellectual property rights restriction system.The theory of balance of interests in China is the theoretical basis of intellectual property rights,patent law,trademark law,copyright law reflects the relationship between the various interests conflict,resolve the conflict of relationships,to achieve a balance of interests is always the aim of the law.The limitation of intellectual property rights in the academic circles has broad and narrow limits.Generalized intellectual property restrictions including the exercise restrictions on content,power,rights,intellectual property rights restrictions narrowly refers to the exercise of rights restrictions,mainly embodies the compulsory license,statutory license,exhaustion of rights,reasonable use etc..Most of the restrictions on the exercise of the rights of intellectual property law in China have clear legal provisions,some of which are limited by civil law and anti-monopoly law.Due to the continuous development of knowledge economy,the provisions limiting the rights mainly have the following three problems,namely economic development resulting in the intellectual property rights system practice difficult;the lag of the system cannot respond to the protection of intellectual property rights object to expand the balance point between the reality and the intellectual property rights limitation and counter limitation is difficult to grasp.In order to solve these problems,must establish intellectual property rights restriction system sensitive response mechanism;enhance the system flexibility limitation on intellectual property rights;the pursuit of intellectual property rights limitation and counter limitation system balance.