Market priority principle is a principle to deal with the relationship between market forces and state intervention. Under the guidance of this principle, the state's intervention in economic activities should be restrained. State intervention should be based on market failure. Intellectual property system is a kind of special property right which is constructed by the state power. In the design process of the intellectual property system, we should take the market priority principle as the instruction, in order to facilitate the intellectual product market transaction as the principle to define intellectual property rights. In the exercise of intellectual property rights, we should rely on market forces to the greatest extent to allocate intellectual property rights. Restrictions on intellectual property rights should be compatible with the size and causes of market failure. When state forces intervene in the market transactions of intellectual property, it should be based on the judgment that the state force is more effective.