1. The concept of balance of interests
Balance of interests is also called balance of interests. The balance of interests is a state in which the interest system exists in relative peace and balance and appears under a certain interest pattern and system. The balance of interests is both a legislative principle and a judicial principle. Laws, rules and systems are all based on the balance of interests. At the legal level, the balance of interests refers to "the coordination of conflicting factors in all aspects through the authority of law, so that the interests of relevant parties can achieve a reasonable optimization state on the basis of coexistence and compatibility."
2. Theory: Conflicts of interest can generally be resolved by relying on spontaneous social adjustments. However, with the diversification of interests and the unlimited demand for interests, conflicts of interest have exceeded the scope of spontaneous social adjustment. Accordingly, the law emerged as an effective means to resolve conflicts of interest. The law adjusts conflicting interests, arranges the order and hierarchy of interests, and provides answers to various interest evaluation questions, that is, it provides a series of evaluation norms before people pursue interests. The law resolves conflicts of interest based on stable evaluation norms, making the law a stable and effective conflict-of-interest resolution mechanism that keeps the conflicting parties in a balanced state of interest relationships. Specific to the field of patent law, the law needs to deal with conflicts of interest between the legitimate rights and interests of the patentee and the legitimate interests of interested parties related to the patent, as well as the legitimate rights and interests of the patentee and the interests of the public. resolve and bring it into a state of balance of interests.
The application of balance of interests should adhere to the following two basic principles.
1. The principle of equal treatment
When allocating rights and obligations, the principle of equal treatment is one of the first basic principles to be considered. In a modern society governed by law, the law aims to achieve social fairness and justice, and equality is the basis for achieving the above value goals. The principle of equality has been absorbed and recognized as one of the legal principles by the laws of modern countries.
2. The principle of maximizing overall interests
“The function of law is to regulate, reconcile and mediate various complex and conflicting interests, so that most of the various interests or we The important interests in the culture are satisfied while minimizing the sacrifice of other interests. "When allocating rights and obligations, while taking the size of the interests as the criterion, we must take into account the content behind each interest and fully analyze the nature of each interest. Particularity and complexity, the interests are distributed among the various stakeholders according to the principle of mutual win or multi-win, so as to maximize the overall interests of multiple subjects.