主观与客观之间——知识产权“信息说”的重新审视

作为知识产权对象的信息不应是信息论意义上的信息,而应是控制论意义上的信息,即具有"同型结构+意义"双重结构。这有其法学上的规范意义。具备"源于人、有价值、法定性"条件的信息即可成为知识产权的对象,其特点有主客观双重属性、与载体的可分离性、可复制性、可传递性、可共享性等。知识产权的诸多困境即源于信息的主客观双重属性。

Between Subject and Object: A Review of "Information Doctrine" in Intellectual Property Areas

It should be noted that information that serves the object in the study of intellectual property rights must be viewed from the angle of Cybernetic rather than from the angle of Information,i.e.a dual structure with "homotype structure + meanings," which has regulative significance in science of law.Information,once satisfying the conditions of "derived from man,of value and described by law," may be deemed as the object of the study of intellectual property,which partakes of both objective as well as subjective natures,may be separated from its carrier,reproduce,transmitted or shared.Indeed,most problems related to intellectual property rights are rooted in the dual attributes of object and subject of information.