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随着社会经济的发展,知识产权的私人利益和社会利益之间的矛盾日益凸显,在知识产权领域中,公权力的调整愈发显著,因此,有学者据此认为知识产权是公权化了的私权,或具有公权和私权二重属性等观点。实际上,作为私权的知识产权,其根本属性不应因其所呈现的某些公权性而被更改。
With the development of society and economy, the contradiction between the private interests and the social benefits of intellectual property has become increasingly prominent. In the field of intellectual property, the adjustment of public power has become more and more pronounced. Therefore, some scholars think that intellectual property is a matter of public ownership Of private rights, or have the double attributes of public and private rights and other points of view. In fact, as a private right of intellectual property, its fundamental attributes should not be changed due to some of the power they appear.