Experience or Logic: Reflections on the Dispute between Object and Subject Matter of Intellectual Property Rights
Yang Li · SSRN Electronic Journal · 2011
There has been misuse of the meaning of object and subject matter. According to epistemology of philosophy, we should deem object as subject matter. Because object theory of criminal law is losing self-consistency, the division between criminal object and subject matter is not enough as the basis for the division between object and subject matter of intellectual property. Object of civil right is a double-level structure and the common view of one-dimensional listing is not correct. Judging by the functional structure of object, object of intellectual property, including intrinsic object and disposal object, is also a double-level structure. The dispute between object and subject matter of intellectual property changes into the dispute between logic theory and empirical theory.