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On Expansion And Restriction Of Intellectual Property

Posted on:2006-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:L J WuFull Text:PDF
GTID:2166360155457084Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Intellectual Property, as a special kind of property right, has been the focus of attention in the law circle. Especially its property as the existing basis for right draws many profound explorations from scholars concerned. Intellectual Property, different from other civil rights, is a dynamic concept, which under the promotion of economic, scientific and technological development, is constantly expanding and changing its own content, no matter for the content of the right or for its operating model and its attributes. Therefore, despite the rich theoretical foundations presented by various theories for the understanding of Intellectual Property, due to their static and historic nature, these theories are born with limitations and destined to be surpassed. On the one hand, the expansion of Intellectual Property is changing its own existing state, which makes it impossible for the traditional theories on Intellectual Property to provide an comprehensive explanation for its status quo. As a result, a necessity rises to make an analysis on the Intellectual Property in modern society so as to seek the foundation for its existence and unification. On the other, since the property of Intellectual Property as public goods determines the inbeing of Intellectual Property system as a balance mechanism for interests and the expansion of Intellectual Property inevitably influences such a mechanism and the realization of social interests, it is also necessary to make an analysis on the phenomenon of Intellectual Property expansion, and thus find out the corresponding countermeasures.Based on a discussion about the past and present situation of Intellectual Property and on a comparison of various demonstrations on the rationality of Intellectual Property, this study states that the need of market development is the major promoting force for Intellectual Property expansion and the basis for the unification of concepts for contemporary Intellectual Property. Market development, through...
Keywords/Search Tags:Intellectual Property, Intellectual products, expansion, restriction
PDF Full Text Request
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