知识产权的内圈权利与外圈权利——兼论知识产权的行使和禁止

知识产权权利人在行使权利的时候,会出现一个奇怪的现象,那就是权利人有权主动行使的权利范围小于权利人有权禁止他人侵犯的权利范围,即“权利”与“被侵犯的权利”的范围不一致。如果将知识产权视为一个圆圈的话,权利人可以主动行使的权利在圈内,是有限的权利,而权利人有权禁止他人侵犯的权利则在圈外,并且是无限的权利。本文列举了存在于知识产权领域的此种现象并且分析了产生该现象的原因,以期能为知识产权权利人及使用人提供帮助。

On Inside Rights and Outside Rights in the Circle of Intellectual Property——On the Use and Prohibition of Intellectual Property

When the owner of an Intellectual property uses his or her rights, there would be a strange phenomenon that the rights which the owner could use on his/her own are less than the rights which he could use to prohibit others from infringing him/her, that is, there is an inconsistency between the "rights used by the owner" and the "rights infringed by others". If the intellectual property rights could be viewed as a circle, the rights that the owner could use on his/her own are inside the circle, which are limited. While the rights that the owner could use to prohibit other from infringing him/her are outside of the circle, which are unlimited. This article lists some of instances in the field of intellectual property and analyzes the reasons for this phenomenon, with the expectation of helping the owners and users of intellectual property.