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Basic theoretical research of intellectual property rights

Author: WanJie
Tutor: MaGengXin
School: China University of Political Science
Course: Economic Law
Keywords: Intangible property rights Non-material Natural rights - Labor theory Will - personality theory The doctrine of economic analysis
CLC: D923.4
Type: Master's thesis
Year: 2009
Downloads: 133
Quote: 1
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Abstract


The title of intellectual property rights in Germany from the 18th century, the intellectual property rights of everything from intellectual activity. For my country, intellectual property is a foreign language, a translation of the English Intellectual Property. The interpretation of the concept of intellectual property, nature, characteristics of the basic theory, academia there are various points of view and quite a lot of controversy. The emergence and development of intellectual property rights, intellectual property legal basis for the theory and philosophical basis of theoretical analysis of two aspects of the core, to analyze and study the basic theory of intellectual property rights. The first chapter by law experts on the intellectual property rights of the Theory comparative analysis, a more systematic interpretation of the definition of intellectual property. The essential characteristics of intellectual property is the object of the non-material, intellectual property is different from the traditional property rights, in essence, is the intangible property right; Chapter II to Chapter IV refers to the philosophical theories of Locke, Hegel and Posner et al The three theories on property rights, from different angles demonstrated reasonable basis for property rights (tangible and intangible property) for intellectual property is intangible property rights reasonableness of a wide range of interpretations. The basic structure of this paper are as follows: Introduction: detailing the process of the emergence and development of intellectual property. Use of the methods listed, a detailed analysis of the social basis of modern intellectual property system, on the basis of patent law, trademark law, copyright law and development in legislative form. Modern intellectual property system in terms of subject, object and content of rights change, to further improve and develop into the TRIPs era. : This paper discusses the legal basis of intellectual property theory, interpretation of the definition of intellectual property rights through the analysis of the different theories of the legal circles of intellectual property defined system; non-material object is the essential characteristics of the intellectual property, proprietary, regional, timeliness of its basic characteristics. Intellectual property is different from the traditional property rights, by its very nature is an intangible property rights. Chapter II: Locke's labor theory be introduced and comments, intellectual property is intangible property rights as an integral part of the entire property rights, its philosophical basis is also dependent on the philosophical basis of the entire property rights. According to Locke's logic, knowledge is the product of labor, people naturally respond to knowledge products right to property. Locke's theory of rationality offers an explanation for the existence of intellectual property rights. Chapter III: Introduction to Hegel's absolute idea, the absolute philosophy is the foundation of Hegel's theory of personality. Hegel's personality theory is that the reason why the ownership rational lies not meet the needs, but rather abandon the personality of a purely subjective argument from the three aspects of the relationship between property and personality; investigate the ownership of the content from the perspective of legal philosophy based on Hegel the understanding of the property will - personality theory; further explain the rationality of intellectual property is intangible property rights. Chapter 4: Principles of Economics Posner's law and economics theory for economic analysis of the law. Analysis of Posner property - efficiency theory of economics on the development of the law of property and set the property rights causes and principles. Posner on the configuration of intellectual property reasons of economics, economics efficacy of copyright the timeliness and trademark information property rights. Property - efficiency theory by economic concepts to analyze the unique point of view of intellectual property rights.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights
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