The existing theory of intellectual property regards"Enough and as Good"Proviso as restrictive conditions for property rights,which is a misreading and does not conform to Locke's original argument or his basic position of liberalism.Under Locke's liberal property theory,"Enough and as Good"Proviso should be a preset natural state,which belongs to the pre-existing condition in Locke's labor-property theory and constitutes the basic premise for the proposition of labor obtaining property rights.Correspondingly,the intellectual property system is reflected in the preservation of the public domain.The private nature of intellectual property determines that it also has the value orientation of Locke liberalism.Therefore,the existence of the public domain is not a restriction on intellectual property,but an important basis for proving the legitimacy of intellectual property.This explanatory path also has certain normative significance for exploring issues such as AI generated works and data property rights.
关键词
洛克/劳动财产理论/充足条件/知识产权
Key words
Locke/Labor-Property Theory/"Enough and as Good"Proviso/Intellectual Property
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