论文部分内容阅读
知识产权制度作为利益平衡机制,其主要作用是实现权利与利益的均衡。利益平衡是知识产权管理的一个基本原则。它用于实现智力产品的创造与传播的均衡、产品创造与使用的均衡,更用于协调个体与公众利益,使其保持均衡。知识产权制度产生之初是为了保障知识产权所有人对其创造的产品拥有专有垄断权,随着制度设计的创新与嬗变,与知识产品相关的利益关系得以维持平衡,进而确保了该制度最终目标的实现。然而,对利益平衡这一宗旨的忽略直接引发与知识产权相关的各类问题。本文围绕这些问题展开讨论,并寻求相关解决方案。
As the balance of interests mechanism, the main function of the intellectual property system is to achieve a balance between rights and interests. The balance of interests is a basic principle of intellectual property management. It is used to achieve the balance between the creation and dissemination of intellectual products and the creation and use of products. It is also used to balance the interests of individuals and the public so that they are balanced. The beginning of the intellectual property system was to ensure that the owner of intellectual property owned a monopoly on the products it created. With the innovation and evolution of system design, the relations of interests with knowledge products were maintained in balance, thus ensuring that the system eventually The realization of goals. However, the neglect of the purpose of balancing the benefits directly triggers a variety of issues related to intellectual property. This article discusses these issues around and seeks solutions.