2004•Unpublished venueRequires access

Application of Civil Law Theory to Intellectual Property Rights

Yang Qiao

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Abstract

Intellectual property Rights are civil rights that bear the character of private right. They have commonness with right in rem, credit, and personal right, and have their individuality as well. Proceeding with the commonness, the comprehensive knowledge of intellectual property rights can be got by probing into their individuality. Studying intellectual property rights should be based on the principles and theories of civil law. Due to the immateriality of the object of intellectual property rights, not all traditional theories and systems of civil law can be applied to intellectual property rights. Therefore, special theory and system shall apply. A good case in point is that the intellectual property laws of most countries adopt the separate regulations of intellectual property in the system of civil law.

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What this paper is about

Intellectual property Rights are civil rights that bear the character of private right. They have commonness with right in rem, credit, and personal right, and have their individuality as well. Proceeding with the commonness, the comprehensive knowledge of intellectual property rights can be got by probing into their individuality. Studying intellectual property rights should be based on the principles and theories of civil law. Due to the immateriality of the object of intellectual property rights, not all traditional theories and systems of civil law can be applied to intellectual property rights. Therefore, special theory and system shall apply. A good case in point is that the intellectual property laws of most countries adopt the separate regulations of intellectual property in the system of civil law.

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Available abstract

Intellectual property Rights are civil rights that bear the character of private right. They have commonness with right in rem, credit, and personal right, and have their individuality as well. Proceeding with the commonness, the comprehensive knowledge of intellectual property rights can be got by probing into their individuality. Studying intellectual property rights should be based on the principles and theories of civil law. Due to the immateriality of the object of intellectual property rights, not all traditional theories and systems of civil law can be applied to intellectual property rights. Therefore, special theory and system shall apply. A good case in point is that the intellectual property laws of most countries adopt the separate regulations of intellectual property in the system of civil law.

Key concepts: Intellectual property, Law, Intangible property, Tangible property, Civil law (Civil law), Property law, Political science, Right to property

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