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Analysis of Private Rights of Intellectual Property

Author: ZhouTianHan
Tutor: QiuPingRong
School: Anhui University of Finance
Course: Civil and Commercial Law
Keywords: intellectual property rights civil society private rights public rights public policy
CLC: D913
Type: Master's thesis
Year: 2012
Downloads: 28
Quote: 0
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Abstract


Intellectual property right of the field of intellectual property-based theory of one of the most important issues. Intellectual evolution from a feudal privileges of private rights, but modern Western civil society and political state of relative isolation and its social and historical change of the product, its nature as a state-granted monopoly privileges, but the power of the state as public goods intellectual property rights to a benefit higher institutional arrangements. Intellectual property is a continuation of traditional property rights, but today we face not only the formation of intellectual property is still in the right dynamic uncertainty, but also in natural rights, social justice and the interests of others there is still a balance of interests between the legal problem. The current research has in-depth intellectual property to develop public policy, human rights and protection of natural environment, economic protection and international trade, national development strategies and other fields. While intellectual property such divergent natural smells, but the law is not comfortable there, it does not own history, it is merely a description of economic relations. Based on this, right from the interests of civil society and the basis of the starting point of departure, of the fine points of intellectual property rights of property repeatedly, concluded that:In a free economy and the case of intellectual property rights are private rights only, not the other.Any thought object has a certain property, the property is the object of thinking the relationship between nature and the object referred to. Thinking objects and attributes are inseparable, there is no attribute of thinking the object does not exist. Therefore, this article is divided into five chapters, the first chapter focuses on the topics of this paper the background and significance, the second chapter Perspective to the birthplace of private rights of intellectual property-the UK, with the back way to explore the history of the first whether intellectual property rights are private rights. Chapter Ⅲ built on the basis of civil society, the use of law and economics, systems theory attempts to explain intellectual property is a private right undistributed. Chapter from the logic point of view of the repeated sub-thin nature of intellectual property and its private rights and the integrity of the relationship between other objects described. Chapter from the logic from the perspective of intellectual property specific analysis of the relationship between private rights and public policy.

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