The mission of legal philosophy and philosophical hermeneutics has always been to comprehend the nature of intellectual property rights and the intellectual property rights system for the purpose of improving them. Th...The mission of legal philosophy and philosophical hermeneutics has always been to comprehend the nature of intellectual property rights and the intellectual property rights system for the purpose of improving them. The difficulty of this task lies in the limitations in legal thinking resulting from the division of labor in the legal profession. A clear perception of the nature of intellectual property rights and the intellectual property rights system can only be obtained when we transcend intellectual property rights law. If we adopt the thinking of legal philosophy and the logic of dialectics to analyze the intellectual property rights system and explore the differing nature of institutional structures and their interrelationships, we can show that the intellectual property rights system is essentially an institutional arrangement involving balancing different considerations and implying a high level of political intellect. Only when intellectual property rights legislation possesses this kind of wisdom will people voluntarily abide by its rules in their life and work.展开更多
基金a partial outcome of the research project "Research on Carrying out the Scientific Outlook on Development and Applying an Intellectual Property Strategy" (No.:08@zh003) sponsored by the National Social Sciences Fund
文摘The mission of legal philosophy and philosophical hermeneutics has always been to comprehend the nature of intellectual property rights and the intellectual property rights system for the purpose of improving them. The difficulty of this task lies in the limitations in legal thinking resulting from the division of labor in the legal profession. A clear perception of the nature of intellectual property rights and the intellectual property rights system can only be obtained when we transcend intellectual property rights law. If we adopt the thinking of legal philosophy and the logic of dialectics to analyze the intellectual property rights system and explore the differing nature of institutional structures and their interrelationships, we can show that the intellectual property rights system is essentially an institutional arrangement involving balancing different considerations and implying a high level of political intellect. Only when intellectual property rights legislation possesses this kind of wisdom will people voluntarily abide by its rules in their life and work.
