知识产权制度对民事立法的几点启示

Enlightenment of Intellectual Property System for Civil Legislation

虽然"知识产权法"长期以来被许多学者视为民法的特别法,或者说知识产权问题只是纷繁复杂的民事法律问题中的一个小问题,但不容否认的是,知识产权法自诞生以来就有了一条相对独立的成长之路。随着科学技术的不断的进步,依赖知识产权法解决的问题也越来越多,同时促使相关的法律制度与规范也越来越完善,某些方面甚至已经超越了作为其上位法的民法的前进步伐,形成了更加合理的规则与制度体系。通过对知识产权法上一些问题的思考与辨析,为民法总则的起草提供一些建设性的思路。

Although the IP law had been regarded only as a special branch of civil law by most scholars for a long time, while IP issues had been considered the non-important issues among those of civil law, it＇s undoubtedly that, almost from its beginning, the IP law found a relatively independent way of development. As the sciences and technologies become more and more influential to human life, IP related legal issues emerged more and more frequently, which promoted the law progressed and complemented rapidly. Nowadays, the IP law, as one of the subtitles of civil law, has developed much more completed than its parent law.This paper aims at, through considering and analyzing about issues by IP way, providing some constructive suggestions for draftin~ of the Principles of Civil Law.