Specifically, it is best to know the object and characteristics. Let's introduce it in detail below.
(1) Knowledge is the description of human knowledge, the universal existence mode or ontology of knowledge is form, and intellectual property rights are not intangible property rights, nor are they equal to intangible property rights.
Answering what is creation, what is knowledge, and what is the essence of knowledge, just as the theory of property law needs to explain the essence and classification of things, is the need to study intellectual property issues. The English word Intellectual property is the most appropriate translation of intellectual property. On the one hand, one of the bases of intellectual property rights is creative intellectual achievements, which are called intelligence or intellectual property rights, which easily leads people to think that intellectual property rights can be produced only by intellectual activities; On the other hand, the right to intellectual achievements does not include industrial and commercial marks. Therefore, the "knowledge" mentioned in intellectual property rights refers to the creative intellectual achievements and industrial and commercial signs protected according to law, which are part of knowledge, but have all the special proofs of knowledge; Knowledge is almost the most frequently used word in modern society. It involves all human lifestyles. At present, there are three ways to describe "knowledge" in China's intellectual property theory: intangible, intangible and formal.
Invisible, that is, invisible. China attributed intellectual property rights to intangible property rights in the late Qing Dynasty, and some people still believe it today. In fact, on the contrary, knowledge is "formalized". "Form" is the ontology of knowledge. Is the universal existence of knowledge. When English words are intangible to explain intellectual property rights, Chinese usually takes its "intangible" meaning, which is debatable. This word has two main meanings: intangible and immaterial; Invisible, unpredictable and uncertain. "Knowledge" is concrete and definite, not intangible and unpredictable, but immaterial. In economics, there is indeed the concept of intangible trade, but it does not include intellectual property trade. Therefore, combined with the actual situation of intellectual property rights, intangible translation may be more appropriate as "intangible" or "intangible". Knowledge is not intangible, and the view that intellectual property rights are intangible property rights cannot be established on the grounds that knowledge is intangible.
There is no body, that is, there is no entity or immaterial. Knowledge does not belong to the material category, but the intangible statement is closer to the truth than the intangible statement. We know that the brain can't produce matter. Knowledge is the product of the brain. Intangible, or inanimate, is an important attribute of knowledge, but it is not its unique nature. Intellectual property belongs to intangible property rights. In addition, creditor's rights, business reputation, and labor services and labor income and expenditure in trade all belong to intangible property. In the United States, commercial paper and bearer bonds, certificates of title, company shares, currency in circulation, trust funds and business reputation are all regarded as intangible property. In Japan, most academic works published in 1970s and 1980s refer to intellectual property rights as intangible property rights. After 1990s, it was renamed as "the ownership of knowledge", that is, the ownership of knowledge. Therefore, intellectual property rights and intangible property rights are not equal signs, and the title of intangible property rights or intangible property rights cannot reflect the essential characteristics of intellectual property rights.
The above analysis shows that the essence of "knowledge" cannot be revealed by being intangible or intangible or immaterial. Intangible theory, intangible theory, quasi-material theory or non-material theory avoid the logic of directly answering questions, and fail to answer the substantive question of what "knowledge" is instead of pointing out what "knowledge" is in a negative way. Intellectual property rights are different from property rights. It is incorrect to describe and describe intellectual property with traditional concepts and models such as quasi-property right, intangible property right, intangible property right and intangible property right, and its essence cannot be objectively and accurately reflected. Intellectual property rights are property rights derived from knowledge. The most appropriate way to describe intellectual property is itself.
The essence of knowledge is "form", and creation is the process of designing and describing "form". It is human nature to think and create. Accordingly, people have the ability to understand and transform the world. Knowledge is the crystallization of this ability. This ability determines the king status of human beings in nature. Necessity is the driving force of creation, and creation is the source of knowledge. If we want to tell others the idea of human understanding and transforming the world, we must use a certain signal (that is, symbol) system to describe it. The process of human expressing thoughts and emotions with signals is creation. As far as creation is concerned, whether its content is science and technology or literature and art, it is a structural activity. These artificial "forms" are knowledge. It is the only product of human creative activities. Undoubtedly, science and technology are forms, literature and art are forms, and knowledge is forms. Without form, there is no knowledge. This is the essence of knowledge.
The material world is divided into natural world and man-made world. There are also differences between natural forms and artificial forms. In addition to natural forms, forms used to describe nature and express thoughts and emotions are all human creation and knowledge. It can be seen that the so-called knowledge is a description of human cognition. Knowledge is already an intellectual achievement or product, so using the term "knowledge product" again, of course, does not lose the aesthetic feeling in semiotics, but it is inevitably suspected of being snake-footed in logic. Knowledge in the concept of intellectual property is only a part of knowledge. Refers to those "forms" created by human beings and "isolated" by legal standards and allowed to be protected.
(B) the characteristics of knowledge
The different natural attributes of the right object determine the different civil rights. According to the natural state of things, different real rights can be divided according to the standards of form and body. The real right is based on the dominant thing of human beings, and the thing is the unity of form and matter; Creditor's rights are based on human behavior and are intangible and intangible; As a form, knowledge is neither material nor behavior, which determines that intellectual property rights are different from property rights and creditor's rights. The essence of form determines that "knowledge" has the following characteristics:
1. Knowledge is not substantive and cannot exist independently. It must live in the material carrier. Knowledge describes people's cognition, and it is information that reflects certain thoughts and emotions. Information is abstract and has no perceptible formal features. For example, the spirit-based "mind-in-the-chest" is imperceptible to others. Knowledge is concrete, and it must find "living" materials to become "bamboo in the hand". Once the bamboo in his hand is completed, it will be transformed into an independent objective existence that no longer depends on his descriptor. This perceptible form of existence is "knowledge".
2. As a form, knowledge is eternal. Once "knowledge" is produced, whether it is in the form of matter or stored in the memory of the brain, it will never be worn away. With this character, knowledge can be accumulated and passed on. Form is different from things. Things can't last forever. For example, an elegant, harmonious and exquisite Southern Song porcelain bottle is the unity of material, shape and color. Although people cherish it, its life is always limited. The movement of matter is absolute and unconditional. The unity of matter and form is relative and conditional. Once this system is broken, things cease to exist. The premise of real right is the existence of things, such as shadows, and the right to disappear. Therefore, the law does not need to set a time limit for real rights, but let the natural life of things decide. As a "form" of knowledge, its existence and reproduction do not depend on specific materials, and it has unlimited choices. As long as it can find materials that can be displayed or stored, it will not be lost. Knowledge exists through expression and transmission and maintains its life. Unless the actual form of knowledge is completely extinct and the digital "bamboo in the chest" stored in the brain is completely amnesia, these two situations happen at the same time, otherwise, the life of knowledge is infinite.