The Secondary Nature of Law and the Concept of Intellectual Property

Law is secondary in contrast with primary social reality, because it has independent regulation function. The secondary nature of law can act as common point for the divergent doctrines about the concept of property. For the behaviour-regulating function of right, the conformation of and the derivative behaviours of utilizing are the most meaningful elements. So the scientific concept of must be gestated in the new doctrines that concern the conformation of object of right. The traditional intangible property doctrine and intellectual production doctrine are necessary to be transcended.