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随着全球化的进程的加快,使得专利制度也出现了全球化的趋势,并且在1986年乌拉圭回合的谈判中,将知识产权的内容作为谈判的议题之一,在不停的辩驳和妥协下,最后达成了《与贸易有关的知识产权协议》(简称TRIPs协议)。TRIPs协议的颁布,明确将专利权界定为具有私权属性的权利,并且成为了通说。本文将通过对专利权的私权属性的法理学依据进行分析,进一步来论证专利权作为私权的合理性。
With the acceleration of the globalization process, the patent system also appeared the trend of globalization. In the Uruguay Round of negotiations in 1986, the content of intellectual property was taken as one of the topics for negotiations and kept under endless refutation and compromise , Finally reached a “trade-related intellectual property agreement” (referred to as TRIPs agreement). The promulgation of the TRIPs Agreement clearly defined the right to a patent as a property of private interest and became a general guideline. This article will analyze the jurisprudence basis of the private right attribute of the patent right to prove the rationality of the patent right as the private right.