Abstract:
In codified countries, with the advent of intellectual property rights, it has been interactive with the civil codes rights along, which reveals the private attribute of intellectual property right judged systematically by the civil codes and the improvement in the contents of the civil codes conversely brought by intellectual property right through its legislative form. The concept of modern codification originates from Roman law and its deliberation on the essential system elements of codification. However, limited to the state of the socialized commodity economy, science and technology, and especially the lack of awareness of the importance and the commodification of intellectual information, it is difficult for the modern civil codes, which acquired initial success in the beginning period of codification, to embrace the creativity or the creative achievements of intellectual information obtained by people into their code systems. While the pertinent theories and practice pursuant to intellectual property rights confront with rights, the idea of private rights rooted in the civil code of Roman law on one hand directly conducts the value and function of legislative institution of the intellectual property right, on the other hand it determines the position of the legislative system of intellectual property right. It is worthy to distract our attention to the closely fit interaction between the civil codes and the intellectual property rights from other countries such as Italy, Russia. And for China, it is a mentionable legislative approach to establish an interactive relationship between our civil code and intellectual property rights in a mode of the dual legislative system of the civil code and the specific law.
