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知识产权的概念是法学界悬而未决的课题,法的第二性原理可作为不同学说的对话起点,以法律概念的规范意义统辖概念论争。法是行为规范,财产权概念应当突显财产的具体形态以及由此决定的利用财产的行为方式。以法的第二性原理检视无体财产权说和智力成果权说,二者皆缺乏足够的规范功能。当下占据主流地位的无体财产权说和智力成果权说终将被超越,科学的知识产权概念必须阐明知识产权对象的具体形态。
The concept of intellectual property is the unresolved issue of jurisprudence. The second principle of law can be used as the starting point of dialogue between different theories and the conception of concept can be governed by the normative meaning of legal concept. Law is a code of conduct, the concept of property rights should highlight the specific shape of the property and the use of property determined by the behavior. According to the second principle of law, it is said that both of them are lack of normative functions. The current ownership of the intangible property right and the intellectual property right claim will eventually be surpassed. The scientific concept of intellectual property must clarify the specific form of the intellectual property object.