知识产权本质上是一种垄断权，其制度本身也因这种垄断而存在一定的弊端。目前，国际上已经出现了三股反知识产权思潮，其争议的焦点是知识产权对社会效果的“正负和”博弈之过程；其争议的原因是现代知识产权制度已经从前现代知识产权制度的逻辑结构“知识+道德”，转换为“知识+效率”，其本质是“权利”与“功利”之博弈。%The essence of the intellectual property is a kind of monopoly right and the system itself exists a certain defects due to the monopoly. At present, three strands of anti-intellectual property trends have appeared in the international world and the focus of the controversy is the game of the process of the“positive and negative social effects” caused by the intellectual property rights; the reason of its controversial is that the modern intellectual property system has been transferred from the logical structure of “the modern intellectual property system, knowledge and morality” into “knowledge and efficiency”, and its essence is the “game of rights and utility”.
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