Abstract: 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”.