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Research On The Public Service Mechanism Of Intellectual Property Information From The Perspective Of Information Freedom

Posted on:2019-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y H HuangFull Text:PDF
GTID:2416330566987465Subject:legal
Abstract/Summary:PDF Full Text Request
In essence,the intellectual property system is the protection of the intellectual property rights of certain intellectual information,which makes the original free-flowing information protected by the system and forms a kind of information benefit allocation system.However,with the economic and social development,the unreasonable and continuous expansion of the intellectual property system has caused a conflict between the two rights of intellectual property and information freedom.Therefore,how to balance the interests between information property right holders and information users and how to protect the legitimate rights of property rights owners does not hinder the exercise of the public's right to freedom of information.This has become an important legal issue in the current information society and is also an issue in the development of the intellectual property system.Inescapable value requirements.This article believes that IP information public service is the best way to resolve the conflict between intellectual property rights and freedom of information,and it is conducive to the realization of the purpose of public interest in the IP system,promote the development of IP,and realize the public's information welfare needs.The exercise of the right to freedom of information makes it necessary to study the mechanism.Firstly,based on the nature and characteristics of intellectual property information service,this paper defines the connotation and extension of intellectual property information public service,and provides theoretical basis for this paper.On the concepts of information and freedom of information,that information is part of the knowledge,is the result of the development of knowledge and information freedom is refers to the people acquisition,cognitive,and express the freedom of information,is a basic human right,the development of intellectual property rights system should obey the value of the freedom of information.This article also on the relationship between the intellectual property rights and freedom of information carried on the thorough analysis,to clarify the relationship between the two,that the object of intellectual property protection is essentially information,intellectual property rights and freedom of information is essentially two rights conflict,the intellectual property system has a promoting effect on the freedom of information,the two formed a state of equilibrium.However,when the intellectual property rights are improperly expanded and the scope of power exceeds the equilibrium state,the freedom of information will be limited and the conflict between the two powers will be aroused.Therefore,intellectual property information public service as an important mechanism for public access to information,can focus on conflict between freedom of information and intellectual property rights,the public welfare for the information,guarantee the freedom of information,and in accordance with the purpose of the intellectual property system of public interest.Secondly,this paper analyzes the conflicts between the current intellectual property rights and freedom of information and the problems existing in the intellectual property information public services.The main problems existing in the current IP information public services are: knowledge information;single public service entities lead to low efficiency of public services;insufficient information resources supply services lead to failure of public services to meet social information needs;restrictions on public access to information resources leads to freedom of information Can't exercise smoothly.The emergence of these problems has hindered the development of public services for intellectual property information and must be given sufficient attention.Finally,based on the theoretical and practical foundations of the previous article,this article has specifically designed the complete IPR public service mechanism under the concept of freedom of information: First,establish the main mechanism of government-led multi-parties cooperation,give full play to the leading role of the government,and establish The multiple cooperation mechanism between the government,service agencies,scientific research institutions and enterprises.Secondly,establish a public supply service mechanism for intellectual property information resources.The specific contents include improving the knowledge information depository system,establishing a national permit system for open resources,and broadening the knowledge public information resource space within the legal framework.Finally,building a public access to intellectual property information resources.The service mechanism includes the improvement of the IP information disclosure system,the establishment of a comprehensive IP information public service platform,and the establishment of a library-based information acquisition mechanism.
Keywords/Search Tags:Freedom of Information, Intellectual Property, Information Benefits, Public Services
PDF Full Text Request
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