2004Academic Forum of Nan DuRequires access

Research on the Aim of Intellectual Property Law and Balancing of Interests

Feng Xiao-qing

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Abstract

Intellectual property law poses double aims of value, of which the realization is based on the mechanism of encouragement and through the mechanism of adjustment of balancing of interests. In copy right law, patent law, trade mark law, trade secret law as well as other special laws in intellectual property, there exist such mechanism of balancing of interests. A case in point is that the mechanism is established in copyright law through the dichotomy between idea and its expression, the establishment of public domain, the limitation of rights and other system design and arrangement, which can thus realize its aim.

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Intellectual property law poses double aims of value, of which the realization is based on the mechanism of encouragement and through the mechanism of adjustment of balancing of interests. In copy right law, patent law, trade mark law, trade secret law as well as other special laws in intellectual property, there exist such mechanism of balancing of interests. A case in point is that the mechanism is established in copyright law through the dichotomy between idea and its expression, the establishment of public domain, the limitation of rights and other system design and arrangement, which can thus realize its aim.

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Available abstract

Intellectual property law poses double aims of value, of which the realization is based on the mechanism of encouragement and through the mechanism of adjustment of balancing of interests. In copy right law, patent law, trade mark law, trade secret law as well as other special laws in intellectual property, there exist such mechanism of balancing of interests. A case in point is that the mechanism is established in copyright law through the dichotomy between idea and its expression, the establishment of public domain, the limitation of rights and other system design and arrangement, which can thus realize its aim.

Key concepts: Intellectual property, Public domain, Mechanism (biology), Law, Law and economics, Public law, Value (mathematics), Copyright law

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