Conflict And Coordination Between Information Resources Sharing And Intellectual Property Rights Protection

Since 1990s,the informatization tide has extensively spread in the globe and increasingly infiltrated into social politics, economy, law and culture. With the development of informatizatidn, the public can gain good information, while social problems are also caused, among which the obvious one is the conflict between information resources sharing and intellectual property rights. This is the problem that has to be resolved in the informatization process.In the law, intellectual property rights represent the individual interests and are one of the private rights, while the public have the basic right to share information with others, which is part of public rights. In the informatization process, the interest conflict between the owner and the user of information, is becoming obvious. The thesis proceeds from the definitions of informatization, information sharing, intellectual property rights and analyzes the sources and manifestations between information sharing and intellectual property protection. It is pointed out that interests is the focus of the contradiction between information sharing and intellectual property rights protection and the contradiction originates in the unequilibrium of the interests between property owner and consumer. The fundamental way to solve the problem is to keep the equilibrium of interests. And the significance of and the countermeasures to the contradiction are presented in the thesis. The author states that information share and intellectual property protection are contradictory and unitive, supplementary and complementary to each other. The informatization and internet bring a new research topic to intellectual property protection. Under this circumstance, it is necessary to protect the intellectual property rights better and further, which is the need of the times, since protecting the interests of the inventors of the intellectual products should be the central issue, which is the prerequisite of realizing information sharing. To protect the intellectual property rights is to protect information sharing, that is, in protecting the public interests and coordinating the contradiction, it should start from strengthening and improving the system of intellectual property rights. Lastly, it points out that to coordinate the contradiction cries for a new system of interests balance, and measures are put forward, which will have important and active influence on coordinating the contradiction between information sharing and intellectual property rights protection.To sum up, in the informatization process, the contraction between information sharing and intellectual property rights protection is increasingly becoming obvious, when the information inventors maintain the enthusiasm, it is necessary to balance the interests of all aspects, in order to promote the wide spread and application of information resources. And the demand of individual interests and that of social interests should constitute an equation, when it is solved, the two demands must be met at the same time.