Theory Of The Value Of Intellectual Property Right’s Conflict And Its Influence On Defense

The traditional civil rights system divides civil rights into real rights or creditor’s rights according to the separation of property and debt,but the continuous development of society also produces new rights,such as personality rights and intellectual property rights to be studied in this paper.As far as intellectual property is concerned,the author believes that intellectual property is a kind of mixed right with "right" as the core and "code of conduct" as the outline.Compared with traditional civil rights,the nature of intellectual property rights has certain particularity.Because of the particularity of intellectual property rights,there are more value conflicts in the field of intellectual property rights.Since there are many value conflicts in the field of intellectual property,compared with the traditional civil rights,there will also be new characteristics of the defenses enjoyed by the actors in intellectual property,which is caused by the value conflicts in intellectual property.Therefore,it is necessary to study the value conflicts in intellectual property.The conflict of value in intellectual property is most directly reflected in the protection and relief of rights.In the traditional civil right relief system,the basic right determines the corresponding claim right,and the basic right and the claim right correspond one by one,but this is applicable to the rights with clear attribute.As for the mixed right of intellectual property,it also has a part of non right nature.I’m afraid that the traditional civil right relief system can not allocate a suitable claim for it.Therefore,in order to ensure the relief of intellectual property rights,we need to establish a relief system that can accommodate intellectual property rights,that is,the unified relief system advocated in this paper.The unified relief system is constructed according to the types of civil liability.For example,if the actor needs to bear the right to exclude obstacles and compensate for losses,then the obligee can claim the right to exclude obstacles and damages.Since the basis and types of the right of claim in intellectual property have changed,the defense corresponding to the right of claim has also changed.According to the change of the right of claim,the author puts forward a new interpretation of the defense in intellectual property,that is,the defense of intellectual property based on the dual structure of the nature of intellectual property also develops to the dual structure.Through sorting out the defenses in intellectual property,and reorganizing the defenses in intellectual property according to the defenses of non infringement,non establishment of the right to stop infringement and non establishment of the right to claim for damages,so as to form a certain system of defenses in intellectual property.This paper takes the conflict of value in the field of intellectual property as a clue,through the re interpretation of the nature of intellectual property,to study the impact of the particularity of intellectual property on the relief system and defense system of intellectual property.This paper mainly includes six chapters: the first chapter mainly introduces the background,purpose and significance of writing,research problems and main methods of research;the second chapter is to sort out the value conflicts in the field of intellectual property by case analysis,and analyze the relationship between the value conflicts and the nature of intellectual property;the third chapter is mainly about the existing defenses of intellectual property In the fourth chapter,based on the traditional viewpoint,the author reconstructs the nature of intellectual property and analyzes the problems existing in the traditional relief system,so as to put forward a relief system that conforms to the nature of intellectual property;in the fifth chapter,the author analyzes the necessity of systematizing the defense system of intellectual property The sixth chapter is the conclusion part of this paper,which is a summary of the previous article,and on this basis to make a certain prospect,hoping to provide some ideas for the relief and defense research of intellectual property rights in China.