As a law of social rules，Actually it is also a symbol system。Legal phenomena、Legal concept、Legal theory and legal text belong to symbols，Legislation、Legal interpretation and legal applications cannot be around the symbol theory and symbol rules。But the use of symbolics as methodology to legal research began in the second half of the 20th century，Analysis Law、Linguistics Laws are all connected with symbolics。In this case，The main task of symbolic law is to be committed to explaining legal text、Define the legal concept，Promoting the precision of legislation and legal research terms，Improving the scientific and proper nature of the law。

In the context of symbols，Intellectual property law compared with other laws，with strong special characteristics。Patent Law、Copyright law and trademark law all belong to the symbol system，The object of adjustment，Regardless of the technical solution、Intellectual results such as product appearance and works，Still trademark、Business name and even product packaging、Decoration and other commercial marks，All are out of discounted symbols。This determines the symbolic analysis in intellectual property legislation、In judicial and legal interpretation，In the study of intellectual property law, we will play a greater role。Words，In the field of intellectual property，Symbolology is not only a research method，At the same time, it has the meaning of the ontology，Can be used to accurately define patented technology、Copyright works and business marks，even precisely define the symbol boundary and rights of the protection object，Writing for patent application documents and the boundary score of claims、Determination of copyright works、The delineation of the scope of the protection of trademarks lays a solid foundation and scientific basis。

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Despite the conscious use of symbolism methods to study the intellectual property law，After entering the new millennium in human society，The rise of the knowledge economy to a large extent、Innovation has gradually become the first motivation to lead development，Innovation has gradually become the first motivation to lead development，Its basic bet365 live casino games system、Design of main principles and basic categories、Explanation of the discourse system of symbolism。

First，Patent Law protection is a new technical solution different from existing technology，According to the laws of the current countries，This technical solution as a new symbol must meet the novelty at the same time、Creativity and practicality。Technical solutions that require protected protected from existing technology，Creative elements ensure that it has obvious progress compared to existing technology，Practicality separates it from the intellectual achievement world of the same work。In order to prevent scientific knowledge and principles, it is a private monopoly，Scientific principles based on patent law does not protect R & D patent technology。The above rules and principles all involve deep mechanisms of symbolics。

Second，The original expression of copyright protection thought，But does not delay the thought itself。This is the "thinking/expression dual principle" and the principle of originality of the theoretical and practical circles as Guizheng，The entire copyright method is just a reasonable expansion of the above principles。where，"Thought" is a broad concept，Using the World Trade Organization "Agreement on Trade -related Intellectual Property"，Including but not limited to thought、Program、Operation method or mathematics concept。If the work is a symbol，Its "thought/expression" is just like the symbol "referred to/energy finger"，The so -called "thinking/expression two -point principle" first means，"Pointing/referred to" can be completely separated。In other words，Copyright Protection does not propose a substantial standard for the thoughts expressed by the work，but only required expression to be original。This involves the most basic principle of symbolics，"Can I Finger/I" or "Expressive/Thought" can be divided?

third，According to the basic principle of the trademark method，Any logo that can distinguish between a company's goods from other companies，can be protected as a trademark。This is a typical symbolic definition，where，The so -called "logo" actually refers to the ability of the symbol，and what it refers to is "Different from the Commodity of a Enterprise with the Commodity of other Enterprises"。Words，It is significant，The source of which can be marked and distinguished Bet365 lotto review from specific products，Slightly extended，The source corresponds to the goodwill of a specific enterprise。So，Trademarks are dual business symbols composed of "can refer to/indicate" and "logo/source (goodwill)"。Considering that trademark registration must specify the product or service category，The designated goods or service categories can be interpreted as an object in the Three Yuan symbol structure of the Pelos，Trademarks can also be constructed as a symbol triangle composed of "logo -object -source"。In traditional trademark jurisprudence，About "Forming Trademark、Impression trademark、Impression trademark、Division of descriptive signs and universal names，Rules for "Inherent/Obtaining Promotions"，can be converted to symbol learning topic，Get a successful explanation、Correction and even reconstruction。Actually，As early as 1942，The US jurisprudence clearly points out，"Trademark protection means the law of the law for symbolic psychological function"。We can even say，The beginning of the trademark method，is a symbol rule。

　　The vague line of "thought and expression"

As mentioned earlier，Enter the new millennium，my country's legal community has begun to consciously use symbolics to study intellectual property law。In the book "On the Systemization of Intellectual Property" (2005)，Professor Li Chen defines the protection of intellectual property rights as a symbol combination formed by people using symbols，Including works、Technical solution and business logo。where，Works to convey thoughts or emotions、It has an original symbol combination; the technical solution also belongs to expression，The main difference between it and the work is，Must be practical; business marks must be significant，But because there is no requirements for the intellectual content，Its combination characteristics are not as good as works、The technical solution is so obvious。Actually，symbol combination is still symbol。As a symbol qualification,，Trademarks and works、The technical solution is not the same，Just due to the differences in function and effect，The conditions for legal protection are different。Works must be original，The technical solution should be in line with novelty、Creativity and practicality，and the trademark takes significant elements。Internationally，symbolic bet365 best casino games analysis is mainly expanded in the field of trademark law，Related results are worthy of attention。where，Professor Barton Beebe's long papers "Symbol Studies Analysis of Trademark Law" (2004)、Dr. Maximilian Schenk, Germany, "Conditions for Symbols to be protected by trademarks: Empirical and Linguistics Perspective" (2006) can be called a representative。Inspired by the above results，I completed the doctoral dissertation "Symbol Studies of Trademark Law" in 2006，and consciously use the principle of symbolics (psychology) to analyze the trademark structure、Significant trademark、Trademark confusion、Basic categories and main systems including trademark dilute and trademark transfer，Write and published a series of papers。For this，Professor Wu Handong once made the following: "Symbolism method is a weapon for analyzing the basic category of trademarks and trademarks，Cut into the key to this field。"Although so，Even in the field of trademark law，The impact of symbolic analysis is also very limited，Even the "complexity of simple problems"。In terms of the study of patent law and copyright law，The use of symbolics method has not yet been expanded。

The object of intellectual property is itself a symbol，Payment、Technical solution and commercial marker as an analysis of symbol structure，It becomes the primary task of symbolic analysis。Wish to know，Basic features of civil rights、Legal boundary and protection scope often depends on the accurate definition of its object。For intellectual property rights，It is difficult for its invisible object to define the legislation、Judicial and theoretical research。symbolic analysis can be in the sense of firstality，Solve the work、What is the problem of the technical solution and the business mark。In this case，The work is the unity of "thought/expression"; the trademark department consists of "sign/source (goodwill)/commodity or service category"，In specific cases，It can also be simplified into a dual structure of "logo/source (goodwill)"; the symbolic structure analysis of the technical solution is quite expensive，The technical solution is first manifested as a certain production process、Operation method、Product formula，and eventually reflected in specific products and measurement results，Application in a patent、Review and infringement dispute Trial process，The technical solution bet365 Play online games is also through the instructions (including drawings、Formula、Calculation formula) and claims presentation，And legal documents such as the instructions and claims that can often be identified as a work。Production process、The operation method and product formula relative to the instructions and claims，It is tantamount to thought in the context of copyright，But it can be protected by the patent law as a symbol，The technical principles that support the technical solution can only be in the public field，For people to use freely。All these，It is all confusing，This is urgent to require further breakthroughs in symbolic analysis。

In short，It can be clearly divided into works that "can finger/refer to"，There are also major doubts and even difficulties when explaining and applying the current legal rules。From this，May wish to discuss the previous article、Several "thought/expression dual principles" that is regarded as aximal to be asitated for further discussion。There is no doubt，The so -called "two points" should be divided into prerequisite with "thought/expression"。But in judicial practice，Participants and judges often entangle between thought and expression from beginning to，It is difficult to make the division of the two convinced，As a result, the judge in the United States has long pointed out that the boundary between "thought and expression" "No one found，No one can find "。Actually，Decomposition the symbol as "can refer to/refer to"，Decompired the work into "Thought/expression"，Only the theoretical distinction of analysis needs。"Think of things that can be analyzed after the incident as a pre -synthesis of two parts，It is deemed to be attached to another part，This is the most serious error in the primary reflection。"In the words of Sosuer，The ability to refer to the symbol，It's like the front and negative of the paper，Always one of it，Not separated。As far as the birth of symbols and the creation of works，Can refer to and refer to、Thought and expression is at the same time。Not first offending and thinking，Then it produces and creates capable and expression。Preparation of creation、In the process of conceived and completing the work，Thoughts/expression often synchronous experience from fuzzy to gradually clear to final formation process。"Never think in advance，Before the language appears，Any thought is unclear。"" Since thought bet365 Play online games and expression cannot be separated，How can the law be the original expression of only protecting thoughts without protecting the mind itself?

　　Trademark Honesty theory and Rules

Any distinction between the product of a company and the product of other companies，means a significant sign，can be protected as a trademark。So，Observatory rules are the hub of normal operation of the trademark law。Traditional theory divides significantness as inherent and prominent and obtains significant，and show preferences for inherent significance，I thought that obtaining significant is just a significant formulation。Actually，According to the principle of symbolics，No natural trademark，Any sign can only be used by business、recognized by consumers，Actually, the role of marking and distinguishing the source of the product is obtained，can become a real trademark。Words，Significant can only be obtained through the actual use of the trademark，The so -called congenital、The inherent significant significantness cannot be mentioned at all。Traditionally attributed to the fabricated trademark of the inherent and prominent list、Random trademarks and implicit trademarks，In essence，It's just that these words are weak with the product or service category marked by it，Compared with descriptive words and universal names in the actual market，It is often easier to be recognized as a trademark，The law can be considered based on the reduction of the operating cost of the system，Do not require their registrar or user to prove that they have obtained significant，Instead, it is directly preserved or even proposed that it is significantly significant。Described words due to a strong correlation with the labeled goods or services，Generally difficult to be recognized by consumers as a trademark，And competitive companies also need to use such words in the process of marketing，Therefore, the registrar or user only proves that the word has obtained significant，can you advocate trademark rights。This fully indicates，Traditional inherent/obtaining significant divisions, although it does not match the principle of symbolism，But this division has been "transformed" and re -explained after symbolics，Still reasonable features。The remarkable trademark can only be obtained through actual use，This causes another question: Why do most Bet365 app download countries in the world adopt a registration model that is not based on the premise of practical use in the confirmation of trademark rights? Answer this question，Need to learn from symbols、Economics and other dimensions for in -depth analysis。Limited to space，No longer expanded。

The principle of symbolics is broad and profound，Almost cover humanities、The entire field of social sciences，and have a strong speculative color，Explanation of it、Construction and even legal rules with practical demands，It can never be easily competent，Tripping a sarcasm similar to "complexity of simple problems"，It is also expected。A good method、A good rule，Devil and clear、Simple and easy to go，but found、Formulate such laws、Rules are often fold a lot of time、Prepare hardship。In this case，Law，Especially the symbolic analysis of the intellectual property law is worthy of the common promotion of colleagues in the academic community。

　　(The author is a professor at the Intellectual Property Research Center of Zhongnan University of Economics and Law)