关于我国民法典编纂中的知识产权立法体例问题

On the Issue of Legislative System of Intellectual Property Right in the Compilation of Civil Code of China

民法典中是否纳入知识产权的内容一直为学界所争论,本文从知识产权的本质、民法典逻辑体系的系统化和科学化,以及知识经济的内在需要等方面的考量出发,认为应当将知识产权的内容纳入到民法典中,并就知识产权法律制度的立法体例提出了自己的观点。

The issue of whether to absorb the content of intellectual property fight in civil code has all the time been the focus of dispute in academic circle, based on the consideration of the essence of intellectual property right, the scientific logical system Of civil code and the internal demand of knowledge economy and other aspects, the writer has posed his or her opinions that the content of intellectual property right should be adopted in civil code and proposed his or her views on the issue of legislative system of legal system of intellectual property right.