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this point of view, from law to safeguard public interests and private interests to divide the proportion of the share, intellectual property law clearly both the public and private characteristics, which is obviously different with the Civil and Commercial Law. This right of access to and rights granted by the State of origin is not generated by this contradiction. American scholars believe that the creative activity of intellectual property generated by exclusive rights. Third, intellectual property law, property law by the above analysis shows that the traditional civil and commercial law in regard to intellectual property is a huge difference in terms of purpose, and its flavor reveals a strong public law the quality of its public law. The division of public and private law from the ancient Roman law. According to Roman jurists Ulpian's doctrine, If the traditional individual-based private civil law can also be found In this case, the division of public and private law, took a different view: if the main theory, the legal relationship between the subject (at least one) represent the public power, public law,abercrombie ireland, or law; legal nature of the relationship theory, such as inter-subjectivity is equal rights is a matter of private law relationship, affiliation is a matter of public law; content of the teleological nature (interest theory), that the laws of public interest law, safeguard private interests for private ⑦. This return to the original intent of Ulpian on the practice, often take several standard comprehensive. However, due to some improper legal analysis, often still lack of confidence, such as intellectual property law is public law or private law. Intellectual property law to the system of civilization as a lever, the fulcrum of the interests of the right to find one end to effectively stimulate people's creative passion, the other side of the individual talents into endless wealth, greatly advance human civilization and the great material and spiritual progress.


proprietary intellectual property rights has a special character. Civil law in a particular matter at a particular time can only be the main control, the content of the performance of the property itself and the objects of the material-controlled protection. The object of intellectual property is a shared intellectual achievements, and prone to separation of the rights themselves, not for physical control or possession,mbt shoes ireland, the exclusive intellectual property rights based on the (2) the proprietary nature of intellectual property rights is not always subsisting. This statutory timing provisions of intellectual property, reflecting the establishment of this system of social needs and rights of the public interest. Interpreted according to Western scholars, knowledge products all have the right to enjoy the monopoly of the use of a certain period of interest, but an obligation to its intellectual achievements to the public, and agree to a certain period,p90x workout schedule, the exclusive right to die in the public domain. This is a social contract, that the national outlook of the society with special knowledge of the product all signed contracts ②. 3 the results of the working of intelligence it can exist in different countries or specific areas, but national, regional intellectual achievements of the specific provisions of the same inconsistency, independent of each other, affect each other. And any one particular thing can not exist in many countries and regions. Third, the two legal property differences are significant. There is divided public and private law, but public and private law are the country's laws are for the protection of national power, public power will play a role in them. Between private individuals and interests to negotiate the meaning of the law, the power of civil society itself, the priority to maintain it, only when the maintenance of weak, the state forces intervened, the second of the national public power to work. The law, the state power to direct the initiative of the first work ③. Civil law is primarily aimed at private law, civil law to promote party autonomy is a basic property, the performance of private property and intellectual property law is not obvious, and more performance for the law, it is to safeguard national and public interests under the premise of conditional to protect private interests, a large number of national public right of way in the first work. For some specific intellectual property rights, according to the needs of state and society, national and social rights can be shared, such as fair use, compulsory licensing.
Keywords economic law public right of private rights of intellectual property law intellectual property law in the CLC and traditional civil and commercial laws purport of the different legal system, intellectual property law as a rising star, which is based on knowledge (intellectual results) arising from the right, and there are significant differences in Civil and Commercial Law. The reason is that two kinds of law was entirely from two different angles to adjust the social relations, and the difference between the two objects have different interests, can carry their behavior to achieve the interests of different ①. The difference between the two laws are very clear: First, two different values ​​of the legislation. For the Civil and Commercial Law, the legislation aims to fully safeguard the citizens, legal persons and the legitimate interests of other organizations; for intellectual property law,tory burch outlet, the interests of not only their rights, but also directly affect the public interest. How to find private interests and the balance of public interest, since the birth of intellectual property law has been an important mission, one of the basic spirit. Further, intellectual property law and not simply to protect the interests of intellectual property rights of people targeted to recognize and protect the interests of intellectual property rights is just a bridge to achieve social and public interests and means. Second, there are two kinds of legal rights in a wide range of differences.
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