The Two-valued Target and Its Equilibrium in Intellectual Property Law——An Analysis Based on the Angle of View of Law-Economics

The legislation of Intellectual Property has inclined to one target and strengthened the protection of Intellectual Property consistently for so many years in our country,which has ignored the maintenance of public profits.However,Intellectual Property Law has two-valued target,including the protection of private intellectual property and the maintenance of public profits,which is determined by the special character of intellectual products and the rational tendencies of economic man.The protection of intellectual property is original,diplomatic and basic value-target,while the maintenance of public profits is ultimate,intentional and the highest value-target.Only the equilibrium development of the two-valued target could ensure the fulfillment of public and private target,whereas disequilibrium would lead to failure for both of them.Therefore,the legislation of intellectual property in our country should pay much attention to the equilibrium development of both public and private profits from then on.