On Public Nature and Public Domain Nature of the Intellectual Property (<Special Feature>Situation of Social Communication and Transformation of Media)

Abstract

As the new media has made remarkable progress, the conflict between owners and users rights of the intellectual property beeome mere serious. There are various aspects of the conflict, One of them is that they hold different views of public nature of the intellectual property. Owners of the rights claim the protection of the rights for economic reasons, while users want those claims to be supressed since intellectual property has public nature. The conflict has from the com;licated political, historical and economic backgrounds. Considering origin and the purpose of the right of intellectual property, it is necessary to fully analyse its public nature. Otherwise, the conflict will never be solved. We need to define what the public nature is. Public nature in accompanied by public domain nature. They are not same however and they should not be confused. If we define the public domain nature of the rights from the analysis of the public nature. then we may be able to adjust the protection and the restraint of the rights, and find the significance and the social implication of restraint on them "The protection" of the intellectual property needs elaborate system of applrcation. General system will not be able to meet the requirement. Accordingly, regulation system will take complicated form too. However, there rises question to leave the matter to the official power ? Isn't it possible to develop new value and establish new self regulation system which is independent from official power ? That is difficult, but it is the time for the new challenge.