How to realize the benefits of the intellectual property system
Fairness is benefit and is the prerequisite for realizing the benefit of the intellectual property 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 right holder
Take the patent system as an example. The rules of the patent system should give the patentee an advantage in the comparison of the following interests: in using the innovative results he has invested in research and development It has an advantage in comparison with the income from using other people's innovative achievements; it has an advantage in comparing the income from using other people's innovative achievements with the income from using existing technologies that have entered the public domain; the market income from innovative achievements has an advantage in comparison with the innovation costs and rights protection costs. advantage in comparison. 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. Balance between rights holders’ interests and public interests
The intellectual property system protects the legal rights of obligees 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 and exercise of rights is a kind of public right. Obligation requirements and rights restrictions. In the process of its development, the intellectual property system has also been seeking a balance between the interests of intellectual property rights holders and the interests of the public.
The traditional intellectual property system also contains many rules to maintain this balance : For example, patent law requires inventors to precisely define the scope of their inventions in order to ensure that patents leave room for continuing inventors. Patent laws also make it a condition of granting patents by forcing inventors to carefully describe the special details of their inventions, thereby enabling others to It is possible for people to read and use this technology without violating patent law, thereby promoting continued invention; in the trade secret protection law, the balance between the original invention and continued invention is completed through the certification of the legality of reverse engineering; In addition, there are the principles of "exhaustion of patent rights" and "temporary transit" in the patent law, and the principles of "fair use" and "statutory permitted use" in the copyright law. These rules limit the exclusivity of rights to a certain extent. The obstacles that sex may pose to the development of technology.
However, since in the early stages of the formation of the intellectual property legal framework, human innovation activities were more in a disorderly and sporadic state, therefore, it is more important to motivate innovators. Intellectual property law as The balance of protecting the interests of the rights holders of intellectual achievements and regulating the interests of the rights holders and the public has always been tilted in favor of the rights holders. This inertia of legislative thinking continues to this day. In recent years, the legislation of many countries and some international treaties have continued to increase The protection of relevant intellectual property rights has been greatly strengthened and the level of intellectual property protection has been improved. Administrative law enforcement and judicial trials have also placed more emphasis on protecting the rights and interests of intellectual property rights holders. This cohesive and monopolistic rights system is incompatible with the open and public new economy. The conflict of forms is specifically reflected in the consideration and balance of the interests of the public and the rights holders. Overemphasis on protecting the rights and interests of intellectual property rights holders may lead toProviding legal excuses for people to violate fairness, abuse rights and even harm public interests is not conducive to the healthy development of the economy. Adding some weight to the public interest in the system's balance will be a useful measure to ensure the healthy development of intellectual property law.
3. Developed and developing countries and regional interests The balance of trade
The premise of trade is that there is a gap: a region Only when resources are scarce, it is necessary to transport resources here; 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 interests has become more and more acute with the increasing trend of world economic integration and internationalization of intellectual property protection. Developed countries and developing countries have their own interests and motivations, and there are huge differences in their economic bases. This 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. . The reasonable aspirations of developing countries in this kind of system balance adjustment are by no means the narrow view held by some Western scholars such as "Do developed countries owe developing countries something and must they make compensation?"
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 disasters, it is acceptable; On the contrary, this kind of innovation should be curbed.
The traditional patent system does not clearly define ethical requirements As a condition of patentability, the way to reconcile this contradiction is to either enact a new law that prohibits human cloning that is different from any patent law, or to change the existing law that can grant patents on living organisms. Many challenges facing the intellectual property legal system come from biotechnology. Whether the current intellectual property legal system can adapt to such challenges is still being tested.
If you have any questions, the Legal Savior Network also provides Lawyer online consultation service, you are welcome to have legal consultation.
No comments yet. Say something...