Philosophic Analysis On Interaction Between Intellectual Property Rights System And Science And Technology

The intellectual property rights system develops enormously quickly though only several hundreds years past after it being established. Though the review on the history of the intellectual property rights system, the special characters of it and the reasons why it develops at high speed are recognized clearly, and the prospect of it could be estimated boldly. The history of it could be summarized as follow: social production being mainly decided by science and technology → most of the achievements of science and technology becoming commodities → the intellectual commodities been protected by property rights → the intellectual property rights system being systematized. However, new types, new specials and new situations are increasing with the development of science and technology, so the development of the intellectual property rights system could not keep up with the situation though the scope of it has been enlarged. The rationality of it is oppugned here. The different theories from different people such as John Locke, George W. Hegel, Theodore Rousseau, and Immanuel Kant are valuable in order to explain the phenomena during the different history of it. However, science and technology developing and the intervention of the station enhancing, the intellectual property rights system are paying more attention to the commonweal. Thus, the theories which took the intellectual property rights as private rights are facing challenges now. Maybe some new theories are needed here. These new theories should include such characters: firstly, it will pay more attention to the new situations with the development of science and technology and the conformity by the nation; secondly, it will pay more attention to the justness that is reached agreement between the subjects of the intellectual property (it includes individuals, organizations and groups etc.) and the general public; thirdly, on the two upward preconditions it needs to not only guarantee the subjects' rights of intellectual property but also ensure the public has the freedom to adapt the intellectual property. This new form of theories can not only explain the rationality of the future intellectual property rights system models but also indicate the tendency of paying more attention to the public rights.