Some theoretical issues in the limitations on intellectual property rights

The limitations on intellectual property rights are the reductive demarcation on the existing intellectual property rights,falling into the special right category of intellectual property right.They are regulative rules,taking the intellectual property system and the specific rights as premises.Its purpose is to regulate the relations between intellectual property rights and other legitimate interests.The system of the limitations on intellectual property rights is an important mechanism to balance the interests of intellectual property rights holders and intellectual property rights users and private rights and public interests.The theory of socialization of ownership is not suitable to serving as a foundation theory for intellectual property right limitations.The research shows that intellectual right and ownership differ a lot in their positions and roles in the history.The relevant arguments concerning limitations on intellectual property rights in modern economic theories are more convincing.In the current intellectual property rights regime,an important feature is the marriage between international trade and intellectual property rights.The purpose of the marriage is to enhance the binding force of international intellectual property treaties. This marriage influences the limitations on intellectual property rights greatly.