系统科学视野下的知识产权 (Law Press.China) (Chinese Edition) Book PDF, ePub eBook

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Book Descriptions:
知识产权法理论研究中隐藏着深刻的体系基础认同分歧，集中体现为知识产权固有的意义感丧失，并具体表现为知识产权的基本原则异动、方向感丧失、基础概念分歧，以及工具主义流行等情形。而其产生有着自身和时代的原因。知识产权研究需要正确的认识论和方法论作为科学理性的保障，而知识产权的复杂性及其研究的现状，彰显系统科学这种复杂性思维对于科学理性保障的必要性和重要性。知识产权与系统科学之间存在天然血亲关系和同质性。 对于知识产权对象正确界定的关键是在“关系”意义上正确认知其本质，知识作为权利对象的本质是“信息有序组合”。知识产权制度对于创造性要求，有其必然性、实然性和应然性。知识产权的私权性质，只有在有机整体观上才能得到正确的理解。 (

There are profound cognitive disagreements in the system basis of the study on the theory of intellectual property law, which manifest in the natural loss of the sense of meaning of intellectual property rights; in the transaction of basic principles of intellectual property rights, the loss of direction, the disagreements in the basic concepts; and the popularity of instrumentalism and so on. The generation of these disagreements is caused by both themselves and the reason of the time. The study on intellectual property rights should have scientific and rational security like proper epistemology and methodology. The complexity and the current research situation of intellectual property rights also show the necessity and importance of such complicated thinking as system science towards scientific and rational security. Intellectual property rights and system science are interdependent and homogeneous. The key to define the objects of intellectual property rights is to understand their nature correctly basing on the “relationship”. The nature of intellect as objects of property is “the orderly assembly of information”. The demand of creativity by the intellectual property system is inevitable, abrupt, and ought to be. The nature of private right of intellectual property rights can only be properly understood in an organic unity view.

系统科学视野下的知识产权 (Law Press.China) (Chinese Edition) by 杨 雄文

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