2005Unpublished venueRequires access

Legal Consideration on Intellectual Property System from the Perspective of Interest Balance

Xin Zhang

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Abstract

Intellectual property is a kind of exclusive rights enjoyed by the intellectual property owner based on personally creative intellectual work. To solve the contradiction between the monopoly in knowledge product shared by the intellectual property owner and the rational demands for the knowledge product of the public, it should set about from the relation between intellectual property system and knowledge innovation, review some negative effects caused by intellectual property system and establish the mechanism of balancing of interests in intellectual property. This paper holds that, as an inherent spirit and external mechanism of the intellectual property, balancing of interests is an endless and a dynamic, dialectical course. Only by constantly pursuing the goal of balancing of interests can intellectual property system realize the most rational disposition of social resources.

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What this paper is about

Intellectual property is a kind of exclusive rights enjoyed by the intellectual property owner based on personally creative intellectual work. To solve the contradiction between the monopoly in knowledge product shared by the intellectual property owner and the rational demands for the knowledge product of the public, it should set about from the relation between intellectual property system and knowledge innovation, review some negative effects caused by intellectual property system and establish the mechanism of balancing of interests in intellectual property. This paper holds that, as an inherent spirit and external mechanism of the intellectual property, balancing of interests is an endless and a dynamic, dialectical course. Only by constantly pursuing the goal of balancing of interests can intellectual property system realize the most rational disposition of social resources.

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Available abstract

Intellectual property is a kind of exclusive rights enjoyed by the intellectual property owner based on personally creative intellectual work. To solve the contradiction between the monopoly in knowledge product shared by the intellectual property owner and the rational demands for the knowledge product of the public, it should set about from the relation between intellectual property system and knowledge innovation, review some negative effects caused by intellectual property system and establish the mechanism of balancing of interests in intellectual property. This paper holds that, as an inherent spirit and external mechanism of the intellectual property, balancing of interests is an endless and a dynamic, dialectical course. Only by constantly pursuing the goal of balancing of interests can intellectual property system realize the most rational disposition of social resources.

Key concepts: Intellectual property, Law and economics, Intangible property, Dialectic, Balance (ability), Business, Product (mathematics), Monopoly

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