2002Journal of Yantai UniversityRequires access

The Application of Property Theory to Intellectual Property

SI Yan-li

Open publisher page 0 citations

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.

About this research paper

What this paper is about

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.

Why it matters

A significance statement is not available in the OpenAlex record.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available 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.

Key concepts: Intellectual property, Intangible property, Tangible property, Property (philosophy), Product (mathematics), Property law, Numerus clausus, Law and economics

Related papers

Back to paper searchBrowse research topicsOriginal source
The Application of Property Theory to Intellectual Property — Research Paper | ScholarLens