Although intellectual property should be stipulated into the civil rights system of general principles of a civil code to stress its importance and ensure its “pure” nature of private right, it should not be covered by a civil code as an independent part. Intellectual property law should maintain its civil special separate law's legislative mode. The main reasons are as follows: There is no successful example in the world that the intellectual property law is an independent part in the civil code; It is uncoordinated between civil code stability and intellectual property law mobility; The legislation of intellectual property law contains quite a number of procedural legal provisions and publiclaw legal provisions which are contradictory to the nature of private rights; Nothing will be gained by making intellectual property law as an independent part of the civil law; It is difficult to clearly separate the procedural and publiclaw provisions from substantive and privatelaw provisions to stipulate into the civil code.Adding a separate intellectual property code besides the civil code is also not advisable. The main reasons are as follows: The nature of patent law, trademark law, copyright Law, etc. is too different to abstract general rules; There is also no successful example in the world, French Intellectual Property Code is nothing more than a collection of intellectual property law.

intellectual property； civil code compiling； civil special separate law