Abstract

Info

Title:: Theoretical Basis of Restrictions on Intellectual Property Rights:Internal or External Restrictions or Something Else?

Keywords:: restrictions on intellectual property rights; internal theory; external theory; internal restrictions; external restrictions

Abstract:: Over the theoretical basis of the restrictions on legal rights, there are various controversies: at the jurisprudential level, they are about whether the restrictions are internal or external to the rights; at the normative level, about whether they are normative or principled in nature; and at the disciplinary level, about whether they are from inside or outside sources. Given that the intellectual property rights are defined and established by law and both individually and socially-oriented, they should be regarded as intrinsic in terms of theoretical basis, normative in terms of manner of operation, and internal(but theoretically neutral)in terms of origin.