Research On Legal Protection Of Intellectual Interests

China's intellectual property field is centered on “rights”,but little research on intellectual interests.With the development of the era of knowledge economy,science and technology are changing with each passing day,new knowledge products are emerging,and with the influence of legal lag,the protection of “only intellectual rights” can not meet the requirements of real life.In order to change this situation and solve the problem that the intellectual interests outside the scope of certain statutory intellectual property protection are unprotected or unscientific,the author conducts this research.The research can not only play a role in the improvement of the intellectual rights protection system and the legal interest claim system,but also provide litigation strategies for specific cases,so that their interests are well-founded and easy to better protect their legitimate rights and interests.It enables the judge to provide better guidance on the way of thinking in the process of hearing the case,avoiding the unwarranted expansion of the judge's discretion,effectively eliminating the phenomenon of judges' lawmaking,and better achieving social fairness and justice.The paper comprehensively uses the methods of literature analysis,comparative research,case analysis and other methods to investigate the legal protection of intellectual interests.First of all,the thesis starts from the definition of the concept of intellectual interest,based on the legalism of intellectual property rights,carefully compares and demarcates intellectual interests and traditional intellectual property rights.Secondly,it discusses the expressions of intellectual interests and various classifications.The trade secrets and databases are used to represent the unreasonable aspects of the protected but unreasonable types.The misunderstanding of intellectual property legalism and traditional civil law.The concept of “only rights” affects two reasons for the reasons for unprotected but type of protection.Finally,following the idea from the civil law to the intellectual property law,after examining the status quo of intellectual interest protection and analyzing the reasons for the current situation,it is proposed to propose solutions to the above problems.First,through the analysis of the relationship between intellectual property law and anti-unfair competition law,drawing on the theory of intellectual property claim right,constructing the legal interest claim system protected by unfair competition law,and explaining the traditional view-anti-unfair competition The deficiencies of the general provisions of the law on the protection of intellectual interests.Secondly,through the discussion of the relationship between civil law and intellectual property law,the legal analysis of the common law principles and general clauses of civil law,and the precedent of theprotection of intellectual interests in the general provisions of civil law,the general provisions of civil law are used to protect intellectual interests.It should be noted that the two solutions have a specific order of application,that is,the legal benefit claim protected by the unfair competition law is preferred,because the provisions of the intellectual property law and the anti-unfair competition law claim are The special law only considers the application of general private law provisions when the special law is difficult to apply.