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在传统理论上,知识产权是属于民法范畴的私有权利,但是,随着知识经济时代的到来和对知识产权制度的研究逐步深入,知识产权的私权性质受到了越来越多的质疑。在遵循知识产权法律保护个人权利本位的同时,以经济法来规制其在市场运行中的垄断和不正当竞争的呼声也越来越大。以私权为主、兼有公权的复合性质使知识产权遭遇了些许困惑,知识产权急需在民法和经济法之间找到自己的合理定位。
In the traditional theory, intellectual property is a private right belonging to the category of civil law. However, with the advent of the era of knowledge economy and the gradual deepening of the research on the system of intellectual property, the nature of the private rights of intellectual property has been increasingly questioned. While abiding by the law of intellectual property to protect the standard of individual rights, there is also a growing demand for the economic law to regulate its monopoly and unfair competition in the market operation. With the combination of private rights and public rights, intellectual property suffered a little confusion and intellectual property urgently needed to find its own reasonable position between civil law and economic law.