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Try those who talk our country trade mark right to acquire a system to reframe -
From;  Author:Stand originally

One, use: The proper sex base that special right gains trade mark

In property law domain, result from the finite sex of resource and human demand are infinite the contradiction between the gender, of resource have the taking with the right to proper,ought to have its sexual foundation. A when offer proper sex for money property right important doctrine is natural law philosophy, among them the labor of money property right in the natural law doctrine that particularly important is Lock is academic -- the doctrine of money property right of his work product is money property right from the angle of labor, [1] Lock thinks: "Want him to make any breaks away from natural place to offer only with the condition with that located thing, he already help by the arm works into his, in he himself attends above this all certain things, make he makes his property consequently. ? ? Eliminated the common right of someone else thereby. " [2] accordingly, individual the basic idea that the content that to its work place gives birth to enjoys droit is natural law. But the implementation of idea of this kind of natural law needs have the aid of at real way rely on, the droit that regards labor as child has the ability below the protection in law to be people place to enjoy only. From the Roman law germ to natural law make an on-the-spot investigation can see, in treat the problem that have to go up, roman period namely establish " the thing that the individual works through his and tries hard to create belongs to him himself " idea. From 18 centuries since, the whole idea of belongings is in going up somehow is to build on a such ideas. [3] is achieve legal regulation " inside change " the effect that is individual practice consciousness and behavior, law ought to mirror this kind of concept.

Afore-mentioned about " labor is academic " exposition and argumentation is in the light of tangible worth character, arise because of them when, intellectual property and even the idea that whole and aeriform belongings counterpoises and system had be notted form or do not develop very. But apply its intellectual property domain to prove its when us, discover labor theory and intellectual property system are had agree with a gender very well. Work and invention are intellective work achievement reflect, and legislative purpose is in intellectual property to gift at passing the developer of intellectual property comes with legal monopoly power the creation of incentive people is enthusiastic. Accordingly, most state legislation grants real development person; copyright and patent in exclusive law domain, collect " apply a principle first " the person that the country has used some technology to be before other application, law often gifts its are in " original limits " inside " use power first " the patent with antagonism other, this was going up to also reflect the estimation that law works to this main body somehow.
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