信息与知识产权(续)

Information and Intellectual Property(Continued)

信息产权以及知识产权之客体为信息的系统理论,中国学者早在20世纪80年代即已提出;自90年代以来,欧美日本等许多学者论著、法律、国际文件均接受了这种理论或近似的概念。而在我国,有的学者至今对此十分糊涂(多数法官从判案实际而不是经院法学出发,反倒是清楚的)。一些论著中混淆知识产权的客体与债权的客体、混淆知识产权与物权的特点等等,多是从不了解信息与知识产权的关系开始的。

As early as in the 80＇ s of the last century, Chinese scholars had raised the systematic theory on information property and persisted that all subject - matters protected by intellectual property are information. Such a theory has been accepted by a lot of scholars, as well as America, Japan and the countries in Europe, since the 90＇ s of last century. However, some Chinese scholars, up to now cannot make difference between the objects of obligation and that of intellectual property, between the special features of real rights and intellectual property rights, and so on. All of such confusion owes to their shortage of understanding on the relationship between information and intellectual property.