| When the information (or knowledge) society is arriving, the value of intellectual property are Increasingly highlighted, however, the freedom of information or expression are also required by people. Because the intellectual property system being the following paradox:If there is no legal monopoly,then there will have not enough information to be produced, but,if there has a legal monopoly, without too much information will be used. Thus, to some extent, the contradictions between Intellectual property rights and freedom of information (expression) can not be overcomed.In order to resolve the conflict between the two, both to protect the intellectual property rights and free the information (expression), scholars have put forward a variety of measures to coordinate the contradiction between the two, trying to reconcile their conflict. However, when scholars discuss the relationship between intellectual property rights and freedom of expression, tend to discourse more conflicts in the two, and recommend from the internal or external to introduce freedom of expression to limit intellectual property rights, to defend the public to obtain, receive and impart information freely. The reason is freedom of expression is the type of right higher rank than intellectual property rights, when the two conflict, freedom of expression is priority. In fact, intellectual property and freedom of expression have the common social environment; base on market economy; are rooted in civil society. Intellectual property rights and freedom of expression share the seme social function, Both of which are human rights; they have functions of promoting democracy, prosperity cultural, self-realization, and promote social change, and intellectual property rights and freedom of expression promote each other. Therefore, using freedom of expression directly defense intellectual property rights are not granted,because it will cause the following negative consequences:derogate the autonomy of intellectual property person; deprivation of property interest of the intellectual property person; weaken the incentive of the intellectual property system on creators; damage the value of freedom of expression itself.Of course, it goes without saying is, there are contradictions or conflicts between the intellectual property rights and freedom of expression, and resolving the conflicts between the two is also important topic to be addressed in this article. When scholars discuss the solution of conflicts between the intellectual property rights and freedom of expression, Most of them are macro, such as to uphold the intellectual property tool theory, citing freedom of expression from the external to defense intellectual property. In fact, in resolving both conflicts,this grand narrative is too abstract, in the specific operation,these method are often in trouble. In other words, These statements did not use the relevant legal or judicial principle of freedom of expression, to resolve the conflict between freedom of expression and the specific intellectual property. We feel such discourse is as follows:"Mismatch" between intellectual property and freedom of expression, Instead of making the intellectual property rights and freedom of expression are intertwined, this article attempts to solve the above problems. |
