The distinction between object and subject matter of intellectual property right(IPR)is the most fundamental and difficult issue in the study of IP law.This issue is full of"linguistic fog",therefore,it needs to be clarified from two aspects of facts and perspectives with the premise of analyzing dianoetic words and legal concepts,clarifying misuse of language,and determining the social relationship foundation.In terms of factual aspect of distinction theory,it can be divided into four levels from object to right:the subject matter of IPR,behaviors of using the subject matter,the object of IPR,and the content of IPR.In terms of perspective,the distinction between object and subject matter of IPR can bring a perspective of"object"to IP legal study and form some new propositions.Among them,the most central proposition is:what makes IPR become itself is not the subject matter,but the object of IPR.
object of rightssubject matter of rightsobject of IPRsubject matter of IPRjustification of IPR
NETL
NSTL
万方数据
维普
