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The Study on the Relation between Commonweal and Intellectual Property

Author: GuoYongYue
Tutor: LiXiaoWei
School: Suzhou University
Course: Legal
Keywords: commonwealth abuse intellectual property rights equipoise of the rights
CLC: D923.4
Type: Master's thesis
Year: 2009
Downloads: 91
Quote: 0
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Abstract


Intellectual property law is to protect the legitimate rights of obligee and safeguard social and public interests.It promotes socio-economic and cultural development for the legal system, The law seeks to stimulate invention and promote the use and dissemination of knowledge products to find the ideal balance between commonweal and property rights. So the main object of IP is to adjust private rights and commonweal. The principle of balance of interests is a cross-cutting principle which has always been an "imperial principle". The monopoly of intellectual property rights often come into conflict with commonweal. Conflict of rights is epitomized by the protection of and restrictions.The realization of public interest depends on preventing the abuse of rights. Public interest which is showed on international conventions on intellectual property rights contains public health,scientific and technological progress , social develpoment and so on. Surely,the rights must be exercised with reason.And it is based on the balanced interests of all parties.

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