| Summary: | 碩士 === 中原大學 === 財經法律研究所 === 93 === The controversies related to intellectual properties are not only complicated, but in an increasing tendency concerned with the conflicts of private rights against public benefits. The objective pursued by this thesis is tending to figure out the controversies, which arose from practices of intellectual property regime, by means of comprehending the essential subject matters of the rights granted. In some issues, particularly, resolutions by adequately restricting intellectual property rights for the purpose of securing equity and justice are adopted favorably, i.e. generally laid great stress on public benefits as the socialization of private proprietary. Moreover, scholars put much emphasis on the harmonization between public benefits and private rights in considering intellectual property rights.
Consequently, herein I selected Patents as the restricted scope and extracted it from intellectual property rights, by inducting the potential mechanism concerns harmonizing the conflicts between public benefits and private rights, and reviewing the material subject matter of patent rights in the aspect of public benefits concerns, in contemplation of comprehending the tendency of its socialization.
There are three subjects embraced in this thesis mainly, which can be enumerated as “The related studies on the essential subject matters of patents”, “Patents related harmonizing mechanism on public benefits against private rights”, and “The socialization tendency of patents”. All these subjects were divided into seven chapters herein, each summarized with a brief set forth as follows:
Chapter 1 Introduction
Introducing the objective, selected scope, methods adopted in analysis, and the structure of this study.
Chapter 2 The Development of Patents
In this chapter, for the intention to perceive the evolvement of patents, adapted an induction by means of learning the historic development process of patents and the experiences of the advanced countries as well.
Chapter 3 The Legitimacy of Patent Rights
For the most part of this chapter it made an attempt to realize the critical essential subject matters of patent rights by legal analysis and comparing the mentioned subject matters to the classic concept of property rights in tangible properties.
Chapter 4 The Economic Analysis of Patents
To understand whether there is a rational foundation, consisted of economic theories, for the existence of patents regime, herein, proceeded an attempt based on a facile economic analysis.
Chapter 5 The Analysis on the Scheme of Human Rights
A discussion in the orientation of patent rights was made in this chapter, in terms of the scheme of basic human rights.
Chapter 6 The Socialization of Patents — The Harmonization between Public Benefits and Private rights
To realize the tendency of the socialization of patents, in this chapter, the potential mechanism, which concerns harmonizing the conflicts between public benefits and private rights, was sought for patents regime, and the manners of its practices was examined in the cases actually happened.
Chapter 7 Conclusion
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