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时效取得制度滥觞于罗马法,在大陆法系国家发展出不同的模式。在确定时效取得制度的要件和法律效果时,应当对这一制度背后的理念进行把握。时效取得制度是所有权人承担社会义务在私法中的折射,维护的是法律的秩序价值,其最终目的是促进公共利益。时效取得制度在知识产权法上有适用的空间,行为人通过时效取得的是知识财产使用权。时效取得与权利失效在构成要件、法律理念等方面存在差异,在知识产权法上有其独立的功能与意义。
The system of prescription-based acquisition has its origins in the Roman law and has developed different models in continental legal systems. In determining the requirements and legal effects of the system of obtaining the limitation, the concept behind the system should be grasped. Obligation to obtain the system is the owner of the social obligations to assume refractions in private law, the maintenance of the law is the value of the order, the ultimate goal is to promote the public interest. Aging acquisition system has the applicable space in the intellectual property law, and the actor obtains the right to use the intellectual property through the limitation of time. There are differences in the constitutional requirements and legal concepts between the acquisition of the limitation and the invalidation of the rights, and has its own independent function and significance in the law of intellectual property.