2008Shanghai Caijing Daxue xuebaoRequires access

On Public Right of Intellectual Property through the Charging Disputes of KTV

Liang Xing-guo

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Abstract

People have argued constantly on charging disputes of KTV in China since 2003,but have not reached to a satisfactory solution yet.These disputes involve many complicated and important problems,the public right of intellectual property is one of them.Generally,intellectual property right is a private right,so according to the traditional private right theory,the intervention from public right should be forbidden in this area.However,intellectual property right is really a special private right,so public right's intervention is inevitable.Anyhow,the degree of the public right's intervention must be appropriately limited.

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What this paper is about

People have argued constantly on charging disputes of KTV in China since 2003,but have not reached to a satisfactory solution yet.These disputes involve many complicated and important problems,the public right of intellectual property is one of them.Generally,intellectual property right is a private right,so according to the traditional private right theory,the intervention from public right should be forbidden in this area.However,intellectual property right is really a special private right,so public right's intervention is inevitable.Anyhow,the degree of the public right's intervention must be appropriately limited.

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Available abstract

People have argued constantly on charging disputes of KTV in China since 2003,but have not reached to a satisfactory solution yet.These disputes involve many complicated and important problems,the public right of intellectual property is one of them.Generally,intellectual property right is a private right,so according to the traditional private right theory,the intervention from public right should be forbidden in this area.However,intellectual property right is really a special private right,so public right's intervention is inevitable.Anyhow,the degree of the public right's intervention must be appropriately limited.

Key concepts: Intellectual property, Intervention (counseling), Exclusive right, Law and economics, China, Private property, Business, Law

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