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Intellectual property rights limit research

Author: LiDongHong
Tutor: WangJiFa
School: Yantai University
Course: Legal
Keywords: Fair Theorem The principle of the balance of interests The nature of intellectual property rights Active dissemination of obligations Antitrust license New planning permission
CLC: D913
Type: Master's thesis
Year: 2009
Downloads: 166
Quote: 2
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Abstract

This article seeks essentially limited to the intellectual property rights to limit the guiding ideology - of intellectual property rights to restrict the objects - of intellectual property rights - the reasons for the restrictions of intellectual property rights - the legitimate purpose of intellectual property rights restrictions - Rights in Intellectual Property science, proper tools - logic spindle scientific conclusions of the intellectual property rights restrictions, in-depth analysis of the intellectual property system, to establish the guiding ideology, including intellectual property rights restrictions, object, essentially due to a legitimate purpose and scientific, legitimate restraints tools Theory of Constraints (TOC) the entire contents of the intellectual property rights system. The paper is divided into six chapters. The first chapter, the fair Theorem, to demonstrate the role of the principle of balance of interests and drawbacks, and fair theorem to replace the principle of balance of interests as the guiding ideology of the intellectual property rights restrictions. Fair based on equality of results and efficiency of the unity of opposites, the premise of equality as a fulcrum, the premise of equality and the rule of equality and efficiency of positive interaction and its results. This is fair Theorem. The principle of balance of interests based on the contradictory opposites, balancing the interests of the target is set according to the principle of a relatively static, and then allow the wisdom and experience to deal with conflicts in the interests of the ruling class, and not according to the Law of Opposites, by taking into account the contradictory unity and opposition, with able to cross the narrow class and group interests fence fair roadmap to solve the problem, the principle fate begin to solve the problem impossible to jump out from this single contradictory opposition, negative angle (the exception is the basket of tools it just to solve the problem.), it is impossible to solve the contradiction between equality and efficiency. The second chapter, the mechanism of the intellectual property of the source, object, nature and property of Information Transactions Law. Intellectual property is close to the right to the intellectual property, knowledge dominance and under reasonable conditions collectively. It is produced from the trading of the rights of man and society. The object of intellectual property rights is not a particular kind of significance can property information, but its dominance. The nature of intellectual property rights is the knowledge of the legal relationship, rights holders, other civil entities, social, national, and mankind as a whole in the disposal of property information on the relationship of mutual rights and obligations between. Understanding the level of property rights, the rights of man, society, country and mankind as a whole in the disposal of available property information on the rights and obligations between. Understanding on the second level of the property rights, rights holders and other civil entities in the disposal of available property information on mutual rights and obligations. Available from property information dissemination examine the nature of intellectual property rights in the dissemination of information on property, the society's intellectual property rights, knowledge dominance and the right to close under reasonable conditions of mutual interdependence and promote restrictive relationship . The third chapter is a theory of the nature of intellectual property restrictions. Intellectual property restrictions essence is the recognition and protection of the social, intellectual property rights and other civil subject property information dissemination and the legitimate interests of dominance based on legitimate, scientific design, the right to run three mutual constraints and limitations relationship. From the point of view of restricting knowledge dominance, the limited nature of intellectual property can be expressed on the basis of the legitimate rights of the recognition and protection of the rights of man, science, rightly set and run his obligations. Intellectual property rights of the community to assume the obligation to actively spread. This obligation is divided into the obligation to sell more at a reasonable low price and permits the implementation of obligations. Chapter IV, respectively, from the value of the law, the nature of philosophy, intellectual property, law and economics, and international law point of view on the reasons for the limitations of the intellectual property rights. The fifth chapter of the legitimate purpose of intellectual property rights restrictions. The sixth chapter on the intellectual property rights to restrict the legitimate theory of scientific tools. To reflect on both the intellectual property rights restrictions instrumental theory based on intellectual property law and antitrust law, and it can not effectively regulate technology monopoly and intellectual property-related economic monopoly, because they value orientation contradictions - intellectual property law focuses on the role of the temptation mechanism, while the anti-monopoly law stressed that the mechanism of the temptation and the balance of interests forcing mechanism to bridge the differences between the two, the intellectual property law must be fully implemented or actively disseminating basic obligations as intellectual property rights, antitrust laws should also be whether the full implementation of the criteria as a technological monopoly and intellectual property rights related to the economic monopoly. I also proposed the establishment of the anti-monopoly license, the new plan permits the production, circulation and distribution of information on the property and the government the three scientific intervention measures to regulate technological monopoly and economic monopoly intellectual property, protection of knowledge production, circulation and distribution efficient to meet the needs of the public and the state of knowledge products, promote scientific and technological progress and economic development, and enhance their overall legitimate interests. The above argument, the author demonstrates the drawbacks of compulsory licensing, and to explore the the standard patent abuse and its regulation. Also, I, for example, regulatory Microsoft intellectual hegemony as the touchstone of the theory in this article. The intellectual property rights of this article limits the practical theory, but not independent, but rather as one of this chapter.

Intellectual property rights limit research

Abstract

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