The essence of justice and efficiency is harmony, so the various systems and norms of intellectual property law also contain the concept of harmony. In the process of generating intellectual property rights, the Trademark Law stipulates that logos that are “distinctive” and “do not conflict with the previously acquired legal rights of others” are conditions for trademark registration. It also clearly stipulates that logos that are “ethnically discriminatory” Marks that are "exaggerated and deceptive", "harmful to socialist morals or have other adverse effects" cannot be registered and are prohibited from use; the Patent Law first establishes that "logos that violate national laws, social ethics or hinder public conduct" The principle of "no patent rights shall be granted for inventions and creations that are of personal benefit", and stipulates that inventions and creations granted patent rights must have novelty, creativity and practicality, and designs for which patent rights are granted "should not conflict with the legal rights previously obtained by others." "Conflict", and also excludes scientific discoveries, rules and methods of intellectual activities, methods of diagnosis and treatment of diseases, animal and plant varieties, and substances obtained by nuclear transformation methods as exceptions to the grant of patent rights. These regulations not only ensure the quality of licensing of trademark and patent rights, but also ensure the harmony between private interests and public interests. Regarding the ownership of intellectual property rights, the Patent Law clearly defines the ownership of jointly completed inventions and creations, entrusted inventions and creations, service inventions and non-service inventions. The Copyright Law also regulates jointly created works. , commissioned works, professional works and non-professional works have made special regulations on the ownership of copyright. These regulations imply the harmony between personal interests. In the exercise of intellectual property rights, the exclusive rights of intellectual property rights determine that there is a natural relationship between the exercise of intellectual property rights and social public interests such as free market competition, the sharing of information resources, and the public’s right to health. Contradictions and conflicts of interest. In this regard, while intellectual property law protects the exclusive rights of intellectual property rights, it also imposes certain restrictions on the exercise and scope of such exclusive rights. This is the public order limit, time limit and time limit of intellectual property rights. restrictions, geographical limitations, power limitations and exercise scope limitations. Although the expression and degree of these restrictions in different intellectual property systems are different, their functions and goals are the same, that is, in the exercise of intellectual property rights and free market competition, the sharing of information resources, and the fairness and justice of Harmony has been achieved between the maintenance of public interests such as health. In the aspect of intellectual property protection, the intellectual property law not only clearly stipulates the scope and protection measures of intellectual property rights, but also specifically enumerates and defines acts that infringe on intellectual property rights, so as to make the rights and responsibilities of the rights holders and The interests of users are harmonized.
However, intellectual property law does not regard harmony as its value goal, let alone its ultimate value goal. Its pursuit of harmony is only limited to the scope of justice and efficiency value goals, that is to say , harmony as a value goal of intellectual property law is absent in China. For example, the legislative objectives of the Copyright Law are to “protect the copyright of authors of literary, artistic and scientific works, as well as copyright-related rights and interests, encourage the creation and dissemination of works that are beneficial to the construction of socialist spiritual civilization and material civilization, and promote socialist culture and The legislative goal of the Patent Law is to "protect the patent rights of inventions and creations, encourage inventions and creations, facilitate the promotion and application of inventions and creations, and promote scientific and technological progress and innovation"; the legislative goal of the Trademark Law is to "strengthen the trademark Management, protection of exclusive rights to trademarks, prompting producers and operators to ensure the quality of goods and services, safeguarding trademark reputation, so as to protect consumers and production, and promote the development of the socialist market economy. These three laws all have goals of justice and efficiency. There are clear statements, but none of them regard harmony as the value goal or the ultimate value goal. In today's situation where contradictions and conflicts in the field of intellectual property are increasingly intensifying, the absence of harmonious value in China's intellectual property law can no longer meet the urgent needs of reality.