The doctrine of interest balance, advocated by many scholars as the basic principle or value of intellectual property law, regards the balance between the interest of individual right holders and the social interest as the justification of intellectual property system. From the perspective of natural law theory, the intellectual propertys legitimacy originates from the natural right of the creators and inventors, and the inalienable mixture of right and its limits is to ascertain the justified scope of the right and maintain social contract. However, the utilitarianism uses the social utility to justify intellectual property, which is the necessary approach to maximize the social welfare through the balance between exclusive rights and their limits. The prima facie conflict is in essence a kind of paradox in which the conflict and consistence co exist. Since either the protection or the limit of intellectual creations has the possibilities of both facilitating and harming right or social utility, the double objectives of the interest balance doctrine is questionable. The fundamental issue of intellectual property is still the choice of individual right or social utility as the terminal value of law. Key words : Interest Balance, Value Paradox, Social Contract, Social Utility 您是本站第 2161808 位访问者！沪交ICP备20180131号

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