2002Journal of Jinan UniversityRequires access

On Unification between Intellectual Property and Property law

Xuan Xu

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Abstract

Intellectual property is included in property right system. Intellectual property expands the range of traditional property, in which property includes not only material body but also knowledge. Intellectual property extends civil right formation that is based on permission besides possession. Intellectual property enlarges the autonomous scope of traditional property rights from material rights to social public field. Unification of property law requires consistency of legal concept between traditional property rights and intellectual property.

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What this paper is about

Intellectual property is included in property right system. Intellectual property expands the range of traditional property, in which property includes not only material body but also knowledge. Intellectual property extends civil right formation that is based on permission besides possession. Intellectual property enlarges the autonomous scope of traditional property rights from material rights to social public field. Unification of property law requires consistency of legal concept between traditional property rights and intellectual property.

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Available abstract

Intellectual property is included in property right system. Intellectual property expands the range of traditional property, in which property includes not only material body but also knowledge. Intellectual property extends civil right formation that is based on permission besides possession. Intellectual property enlarges the autonomous scope of traditional property rights from material rights to social public field. Unification of property law requires consistency of legal concept between traditional property rights and intellectual property.

Key concepts: Intellectual property, Intangible property, Adverse possession, Possession (linguistics), Tangible property, Property law, Public property, Property (philosophy)

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