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《Intellectual Property》 2012-01
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The Ethics Basis of Intellectual Property Rights

Zhang Qin  
The morality or rightfulness of IPR is always the issue receiving most criticisms and debates from the IPR academic community and practice.It is also the most important and basic issue being faced in building the IPR theory and in dealing with the practical work.Based on the philosophy study about the objective matter of IPR and the economic study about the property right of IPR previously done,this paper studies the morality or rightfulness of IPR deeply.It points out that two categories of moralities(the natural morality and contract morality) can be applied to IPR,in which the natural morality appears mainly as "who creates,who owns";the contract morality additionally includes "who occupies earlier,who owns" and "faith and credit".The moral right of IPR is completely accordant with these moralities.But the property right of IPR cannot always be accordant with them.More importantly,the object matter(property) of the property right of IPR is the specially permitted right to use and benef it from the certain knowledge or useful information,which is legislated by the legislative bodies in every country according to the principle of making the whole benef it of the country as large as possible,and which decided by the attribute that the legislative body must represent the whole benef it of the country,regardless of the moralities of the whole human beings.Based on the essence and logic,knowledge or useful information is the public product owned by the whole human beings,and therefore,there is no such thing as steal.The specially permitted right to use and benef it from the certain knowledge and useful information can only be violated,but cannot be stolen.Hence,there is only the problem of IPR infringement or IPR law violation.The so called "stealing other's intellectual achievements" is actually a false proposition.
【Fund】: 国家社科基金特别委托项目资助课题号:08@ZH003
【CateGory Index】: D82-05;F204
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