2006Journal of Hunan Business CollegeRequires access

A Preliminary Research on Reestablishment of Intellectual Property Right Law System

Peng He

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Abstract

Although intellectual property law is one part of civil law,it is independent to a large extent regarding the origin and development of it.The intellectual property law,currently in effect,is defective because of absence of historical accumulation of theory and abstract logic.Consequently,the foundation of the IPR law system is exceedingly frail.This article analyzes the relation between IPRs and rights to control,and proposes that the core of IPRs should be to spread actively;thus we can generalize the intellectual property right which involve copyright,patent right and trademark right.Based on these,intellectual property right system can be restructured.

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What this paper is about

Although intellectual property law is one part of civil law,it is independent to a large extent regarding the origin and development of it.The intellectual property law,currently in effect,is defective because of absence of historical accumulation of theory and abstract logic.Consequently,the foundation of the IPR law system is exceedingly frail.This article analyzes the relation between IPRs and rights to control,and proposes that the core of IPRs should be to spread actively;thus we can generalize the intellectual property right which involve copyright,patent right and trademark right.Based on these,intellectual property right system can be restructured.

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Available abstract

Although intellectual property law is one part of civil law,it is independent to a large extent regarding the origin and development of it.The intellectual property law,currently in effect,is defective because of absence of historical accumulation of theory and abstract logic.Consequently,the foundation of the IPR law system is exceedingly frail.This article analyzes the relation between IPRs and rights to control,and proposes that the core of IPRs should be to spread actively;thus we can generalize the intellectual property right which involve copyright,patent right and trademark right.Based on these,intellectual property right system can be restructured.

Key concepts: Intellectual property, Trademark, Exclusive right, Law, Law and economics, Foundation (evidence), Numerus clausus, Property law

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