Research On The Concordance Of The Intellectual Property And The Right Of Public Access To Information

The intellectual property and the right of public access to information are all citizens' basic rights. The intellectual property granted to the right owners the exclusive rights for their creative works. The right of public access to information is based on the open information and the transmission of knowledge. There is a delicate balance between the two rights. One is the interests of rights holders in the control and exploitation of their works, the other is the public's competing interest in the free flow of information and the dissemination of knowledge.This paper is viewed from the law and the economy and studies the relations between the two rights. From the coherences of the two rights, this paper discusses the theoretical bases and principles. And from the conflicting point of view, the paper studies the coordination system. In the end, the author gives the suggestion of establishing the right of public access to information.The introduction explains the reason of the topic and this paper's method of study.The 1st chapter briefly introduces the two rights: the intellectual property and the right of public access to information.The 2nd chapter attempts to explore the unity of two seemingly opposite ideas: the intellectual property and the public access of the information, which are interdependent and help each other forward in fact.The 3rd chapter discusses the theoretical bases and the concordance principles of the two rights. The two rights coordinate on public interests. "Public interests" is a common legal category in laws in operation. On appearance, although there is a regulation of pubic interests, the subject of public interests is not clear, and no a fix and exact content now. The concept is not interpreted by legislation, but by theoretical study. We should deal with the relationship between pubic interest and private interest completely and exactly. This part also tries to articulate a set of broad principles that can be used to guide the two rights, mainly including the harmonization of fairness and efficiency, protection of intellectual property and public interest, and principle of simplification, etc.The 4th chapter analyses law support of the two rights. The restrictions of the intellectual property are divided into pubic law and private law, internal and external limitation, etc. To limit intellectual property is an important feature in intellectual property system. Such limitation is sufficiently reasonable. It mainly deals with the limitation in respect of period and the like. The limitation of intellectual property is the result of coordination and amalgamation of the personal interests of intellectual property owner and social interests in mutual antinomy, which is the basic system design and arrangement to realize the balancing of interests in intellectual property law.Information is commodities, so there are market regulations about the two rights.The knowledge production has the characteristics of "public goods", the regulation is different. The 5th analyses this problem. Intellectual property system is a legal system that promotes the production, dissemination and exploitation of intellectual products. There exists sufficient justification as to the intellectual property system, which reflects in respect of providing encouragement of property right, retorting the static and dynamic failure in information market, correcting the negative exteriority and eliminating collective actions and the like.Because the quality of "public goods", in the process of regulation there may exists market failure. The 6th chapter discusses the government's function in the course.The 7th chapter is the creativity of this paper. The part analyses the right of access to information from the concept and development and the law grounds, etc. In a society of democracy and under the rule of law, the right to access pubic information is one of the essential rights enjoyed by citizens, and the publicity of governmental information is a prerequisite for realizing the right, a necessity for securing the private life of the citizen, and an effective measure for preventing the corruption in power.The realizing mechanism to open governmental information is how the pubic can obtain the public information which owned by the government and how to resort to obtain relief when the government does not open its information though it should do it. The public must comply with special procedure when applying to open the information. The public can obtain relief to safeguard their rights by appealing to the official of information administrative reconsideration and administrative litigation.In the bases of the above, we can draw the conclusion that we should establish the right of public access of information. This paper tends to point out that only if we coordinate the individual benefit of the intellectual product, the state and the society well can we achieve a balance between the pubic good and the lawful right of the owner. Thus, we can guarantee the owner's right and at the same time make full use of information as well, and as a result promote the development of the whole society.The thesis is one of the research contents and fruits of the project of government strategy of promoting the access of information resources aided by National Natural Science Foundation of China.