How to understand the effectiveness of the intellectual property system
The prerequisite for realizing the benefits of the intellectual property system is that fairness is the benefit and that knowledge is realized The prerequisite for the effectiveness of the Property rights system. Equity in the benefits of the intellectual property system is more often reflected by the balance between interests that check and balance each other. With the development of economy and technology and the enrichment of social relations, the factors that check and balance fairness are increasingly diversified, but their mainstream should at least include the following aspects:
1. The balance between the investment and income of the patentee. Taking the patent system as an example, the rules of the patent system should enable the patentee to compare the following interests: Having an advantage in: having an advantage in the comparison of the income from using the innovative achievements invested and developed by oneself and the income from purchasing other people's innovative achievements; having an advantage in comparing the income from using the innovative achievements of others and using existing technology that has entered the public domain; It has an advantage in comparing the market benefits of innovation results with innovation costs and rights protection costs. Of course, this advantage only needs to be reflected in the overall evaluation to prove the fairness of the patent system, without excluding the particularity of individual cases. For an enterprise in market competition, the solution to maximize the benefits of patent rights is naturally to obtain the original patent rights, that is, to invest in innovation by oneself. This is also the fundamental reason why some far-sighted enterprises have established powerful innovation institutions.
2. The balance between the interests of the right holder and the public interest. The intellectual property system protects the legal rights of the right holder in the form of law, and this legal right is a "right to the world" within a certain time and space, that is, the determination of rights. and exercise is an obligation requirement and right restriction on the public. In its development process, the intellectual property system has also been seeking a balance between the interests of intellectual property rights holders and the interests of the public.
3. Developed and developing countries and regions Balance of interests The premise of trade is the existence of gaps: resources in a region are scarce, so it is necessary to transport resources there; labor is cheap, so it is possible to build factories here. The purpose of trade is to narrow the gap: to improve the living conditions of the region by transporting resources, and to stimulate regional economic development by establishing enterprises. The intellectual property license trade mechanism provided by the intellectual property law should also be consistent with the premise and purpose of goods trade in theory. Of course, this first requires a common premise, that is, both developed and developing countries should give due protection to intellectual property rights.
How does intellectual property law balance developed and developing countries? The issue of national interests has become more and more acute with the strengthening of world economic integration and the internationalization of intellectual property protection. Developed countries and developing countries have their own interests and motivations, and their economic foundations are huge. Differences will inevitably lead to differences in the superstructure, which will naturally be reflected in the level of protection provided by the intellectual property systems of various countries to intellectual achievements. In the process of maximizing their own interests, developed countries should take into account the reasonable rights and interests of their competitors and reserve the space for reasonable development of developing countries. Only then can they gradually narrow the gap in the level of intellectual property protection between the two, and then also narrow the economic gap. .
4. Balance between technological innovation and sustainable development Human beings have personally experienced the double-edged sword effect of scientific innovation. When an innovation brings more benefits to mankind than disaster, it is acceptable; on the contrary, such innovation should be curbed.
The traditional patent system does not clearly include ethical requirements as one of the conditions for patentability. The way to reconcile this contradiction is to either formulate a new law that is different from any patent law to prohibit human cloning, or to change the current Laws that can grant patents to living organisms. Many challenges faced by the intellectual property legal system come from biotechnology. Whether the current intellectual property legal system can adapt to such challenges is still being tested.
The above is the relevant content summarized by the editor of Legal Savior Network. If you are interested in this article If you still don’t understand anything, you can find a lawyer for consultation and guidance through the Legal Savior Network. They can tell you the answer directly.
No comments yet. Say something...