Research On Protection System Of Public Intellectual Property Rights At Expansion Of Intellectual Property

In a knowledge-driven economy of the 21st century, It's apparently that intellectual property is to be outstanding aspect in the economic social. Especially with the globalization of the intellectual property rights,the scope and efforts of intellectual property protection have been in unprecedented expansion , And gradually change the beginning objective that knowledge to promote the purpose of human society advances. The intellectual property expansion in an increasingly tendency, Caused the social from all walks of life, especially the intellectual property theorists universal attention and vigilant. Because of the knowledge property right has powerful exclusiveness effectiveness, Rights not set properly, is enough to damage the interests of all social. The controversies related to intellectual properties are in an increasing tendency concerned with the conflicts of private rights against public benefits. With It's expanding more and more fiercer, Social circles especially the intellectual property theorists show their more and more universal attention and vigilant. And because of the intellectual property have strong exclusive effect , If the rights not set properly , it's to be enough to damage the interests of society. So that, it's be Against the system's objective enhance the value of the overall social welfare purposes. Therefore, as for intellectual property system , We emphasize individual knowledge property for full protection ,at the same time we should emphasize knowledge creator gives access to social of intellectual property rights and the social knowledge promote the cultural progress social responsibility, protect intellectual creator rights to encourage knowledge innovation in the field of knowledge instrumental value goal, be in intellectual property harmonious development way, so that the knowledge rights system objective returns to the intellectual property system " knowledge to promote human society advances " the ultimate objective.So that choose modern intellectual property as the breakthrough point, it's to expand the essence of modern intellectual property expansion reason and unreason contents and in-depth analysis, By the individual attribute one-sided intellectual rights for external and internal expansion, with only expanded connotation of privacy protection of intellectual property protection of intellectual property and others is the characteristic of power. Then, in view of the current intellectual property rights system itself exists right imbalance of sex, private law cornerstones of limitations, emphasize attribute promote knowledge production one-sidedness deficiency of objective are reviewed. on modern intellectual property expansion of real content and produced causes and harm for in-depth analysis, and came clear of conclusions is modern intellectual property expansion tracing its real for originated Yu knowledge products area of existing right adjustment mechanism of failure, to intellectual property internal expansion and external expansion for core content, to only intellectual property private right protection and only intellectual property power protection for features of, cause knowledge right interests balance mechanism imbalance of, intellectual property individual sexual monopoly interests of unilateral expansion. Then, cornerstone for current intellectual property system has inherent rights of imbalances, limitations of private property, emphasis on promoting less than conduct an objective review of the one-sidedness of knowledge production. Turn, in comprehensive existing of theory Foundation and social actual of Foundation Shang, made knowledge right system should by individual property personal knowledge right and public property social knowledge right two part constitute of should so form, and to this for theory Foundation recommendations by in intellectual property method internal and external established perfect of maintenance public interests property social knowledge right of legal regulation system, again established knowledge right internal individual property personal knowledge right and public property social knowledge right of dynamic balance mechanism, to from fundamentally solution modern intellectual property expansion brings of knowledge area development problem, Moreover, scholars put much emphasis on the harmonization between public benefits and private rights in considering intellectual property rights. Consequently, herein I selected Patents as the restricted scope and extracted it from intellectual property rights, by inducting the potential mechanism concerns harmonizing the conflicts between public benefits and private rights, and reviewing the material subject matter of patent rights in the aspect of public benefits concerns ,in contemplation of comprehending the tendency of its socialization. Protection knowledge right system internal of harmonious, eventually implementation knowledge right system promote human social knowledge culture cause progress of eventually value.