On Multi-polarization of Property Right and Non-Human Right Nature of Intellectual Property Right

The core of intellectual property right lies in its fiction nature. Based on the material and consumption nature, the property right can be divided into three types of physical, anticipated, and opportunistic property, which is the system. According to the necessity standard, property can be divided into fundamental and non-fundamental parts, which in the frame of human rights, are fundamental human rights and non-fundamental human rights accordingly. This is a two-polar system of property rights. Therefore, the intellectual property right is the opportunistic property in the three-polar system, while the non-fundamental human rights in the two-polar system. As a fundamental right, human rights are necessary, general, non-transferable or disposal rights for individual’s survival, which are not endowed by law but qualifications since born for survival and living. The intellectual property right bears no such attributes.