Research on the Noumena of Intellectual Property Rights from the Perspectives of Law and Economics

Abstract

This paper aims to explore the noumena of intellectual property rights through the analysis of law and economics, examining the functions of establishing the intellectual property rights system and its independent significance compared to other rights. A new approach to goods analysis is proposed to analyze the noumena of intellectual property rights and understand the functions and construction methods of the intellectual property rights system. By comparing intellectual property rights with other noumena such as data property rights, virtual property rights, and information rights, the independent significance of intellectual property rights is explored. Furthermore, an analysis of the creating process of right noumenon leads to the establishment of the principle of primacy for the original acquisition of intellectual property rights. Based on this principle, it is argued that the noumena of intellectual property rights should be the result or the certificate of "confirming rational significance.