The Application of Property Theory to Intellectual Property
SI Yan-li
Abstract
SI Yan-li
Abstract
Concealed by the principle of traditional civil law, property must be tangible and intellectual property is excluded from the property law. Comparing intellectual product with property and intellectual property with property right, we'll find that intellectual product is property in essence and intellectual property is just a kind of property. So it is not reasonable to differentiate property from right by being tangible or intangible, which should be replaced by pure objective and reality.A system of intellectual product right should be established, which is more extensive than intellectual property according to the system of property. It follows that we should enforce the protection of intellectual product right and improve the theoretical system of civil law.
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Concealed by the principle of traditional civil law, property must be tangible and intellectual property is excluded from the property law. Comparing intellectual product with property and intellectual property with property right, we'll find that intellectual product is property in essence and intellectual property is just a kind of property. So it is not reasonable to differentiate property from right by being tangible or intangible, which should be replaced by pure objective and reality.A system of intellectual product right should be established, which is more extensive than intellectual property according to the system of property. It follows that we should enforce the protection of intellectual product right and improve the theoretical system of civil law.
Key concepts: Intellectual property, Intangible property, Tangible property, Property (philosophy), Product (mathematics), Property law, Numerus clausus, Law and economics