2001Zhongguo Renmin Daxue xuebaoRequires access

On Some Fundamental Issues of Intellectual Property Law

Xiao Cheng

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Abstract

Definition,nature and characteristics of intellectual property are considered controversial issues.One possible approach to solving these problems,the author suggests,is interpreting the object of intellectual property in terms of relevant theory of civil rights.The author maintains that intellectual property is an exclusive right over product of knowledge that has a form.It is a type of civil right.The so\|called intangibility,territoriality and time\|limitation are not characteristics of intellectual property.The author then concludes that the sole characteristic of intellectual property lies in intangibility of its object.

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Definition,nature and characteristics of intellectual property are considered controversial issues.One possible approach to solving these problems,the author suggests,is interpreting the object of intellectual property in terms of relevant theory of civil rights.The author maintains that intellectual property is an exclusive right over product of knowledge that has a form.It is a type of civil right.The so\|called intangibility,territoriality and time\|limitation are not characteristics of intellectual property.The author then concludes that the sole characteristic of intellectual property lies in intangibility of its object.

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Available abstract

Definition,nature and characteristics of intellectual property are considered controversial issues.One possible approach to solving these problems,the author suggests,is interpreting the object of intellectual property in terms of relevant theory of civil rights.The author maintains that intellectual property is an exclusive right over product of knowledge that has a form.It is a type of civil right.The so\|called intangibility,territoriality and time\|limitation are not characteristics of intellectual property.The author then concludes that the sole characteristic of intellectual property lies in intangibility of its object.

Key concepts: Intellectual property, Object (grammar), Law and economics, Territoriality, Property (philosophy), Intangible property, Product (mathematics), Tangible property

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