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Analysis of the Justifiability of Intellectual Property Rights in the Light of Information Right

Author: ZhaoZuoZuo
Tutor: FengXiaoQing
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: intellectual property rights (IPR) justification information right interest balancing systematization
CLC: D923.4
Type: Master's thesis
Year: 2009
Downloads: 203
Quote: 2
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Abstract


Intellectual property rights(IPR) confer exclusive right on the right holders at the expense of limiting the spread and use of knowledge.Is IPR of Justifiability? As the information society develops,IPR confront with more and more challenges which have given rise to introspection about justification of IPR.Therefore,the coordination and response should be carried out.The core opinion of this dissertation includes:analyze the justifiability of IPR in the light of Information Right;reaffirm the justifiability of the system of IPR under the information right background.Besides introduction and the ending paragraph,this dissertation is divided into three chapters:ChapterⅠMake an introduction to challenges and crisis which IPR confront with.First,the production of intellectual product is not only based on the intellect of the producer but also benefit from the wisdom of the whole human beings.This characteristic contradicts with the monopoly of IPR.Second,IPR lose the balance between private interests and public interests as the information society develops.Third,IPR confront with the systematization crisis as the technology develops.ChapterⅡInformation right is a new type of legal rights which is in accordance with the information society.Information right is a bunch of rights which includes the information property rights,the right to know,the right to information privacy,the right to spread information,etc.The relationship,between information right and IPR can be described as following:the essence of the object of IPR is information;information right includes IPR,i.e.IPR is an idiographic right of the information right.ChapterⅢThis part is the analysis of the justifiability of IPR in the light of information right.Firstly,the object of IPR,as a type of information,has the following characteristics:incorporeity, non-excludability,non-consumability,hard to possess.These characteristics lead to the necessity of IPR,which can give sufficient motivation to the production of intellectual product.IPR not only encourages the creation of knowledge and guarantees monopoly of knowledge,but also promote the spread and share of knowledge.IPR search a balance between private rights and public rights.Secondly,the right to access to information and the IPR can achieve mutual checks and balance,which aim to reaffirm balance between private interests and public interests.Thirdly,information right can rectify the irrational extension of IPR,aiming at reaffirm the justifiability of the system of IPR.

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