Innovative intellectual achievements and intellectual property

Author: Zhu Xiequn
Publisher:
Publish Date: 2004-12-01
Features: This book attempts to apply information theory, combined with the general principles of property rights, to systematically explain the subject of intellectual property—innovative intellectual achievements, which are a specific form of information. Based on the inherent innovativeness of innovative intellectual achievements and their characteristic of being a specific type of information that is shared, the book analyzes the uniqueness of intellectual property as a "private right," the similarities and differences between intellectual property and property rights, the limitations of intellectual property, and the justification for intellectual property. It also explores some exploratory research on the status that intellectual property, which some people call a "valuable resource," should have, as well as relevant policy considerations in China. The purpose of this paper is not primarily to propose specific institutional design plans. Therefore, if it differs from previous works on similar themes, it may be because this paper attempts to observe and explain intellectual property from the perspective of "information," or to seek another observational angle or interpretive approach for the existing intellectual property system. Through this methodological exploration, it strives to clarify some misinterpretations or even distortions that have long troubled the intellectual property field, thereby providing some reference or theoretical support for the legislative, judicial, and administrative enforcement practices of intellectual property in China. The paper is divided into seven parts:
Introduction discusses civil rights (private rights) from the perspective of legal philosophy, addressing aspects such as "specific interests," "legal force," their interaction, the subject of rights, and the typology of rights, with the aim of constructing an analytical framework for the entire paper and laying a general theoretical foundation for discussing this special type of private right. Chapter 1: General Examination of Property Rights begins by summarizing several representative views on "property," revealing that the essence of property is property rights, and discussing the relationship between the concepts of property and property. It then argues that exclusivity and transferability are the sufficient and necessary conditions for the connotation of property rights, summarizing three basic types of property rights: real rights, certain types of creditor's rights, and information property rights, with a focus on the first two types. Chapter 2: Information, Knowledge, and Innovative Intellectual Achievements introduces the basic principles of information science, proves the informational nature of innovative intellectual achievements, and points out the objective necessity of legally protecting them. By comparing the concepts of the information society and the knowledge economy, it highlights that innovative intellectual achievements, compared to other resources, have already become and will increasingly become the main driving force for social development and progress. Chapter 3: Innovative Intellectual Achievements as the Subject of Intellectual Property examines intellectual property from the perspective of private rights, arguing the objectivity of innovative intellectual achievements and analyzing the uniqueness of intellectual property based on this. It also explores two special types of innovative intellectual achievements—trade marks and goodwill—and their relationship, using this as a foundation to examine the relationship between intellectual property and unfair competition. Chapter 4: The Rights Structure of Innovative Intellectual Achievements and Intellectual Property compares the two main types of property rights—intellectual property and real rights—based on the respective attributes of innovative intellectual achievements and tangible objects, from the aspects of rights design philosophy, nature of rights, content of rights, and rights protection. It then discusses the basis for restricting intellectual property rights and representative forms of restrictions, as well as the analysis of restrictions on rights restrictions. Chapter 5: The Jurisprudential Basis of Innovative Intellectual Achievements and Intellectual Property takes the informational nature and innovative characteristics of innovative intellectual achievements as the starting point, arguing from an economic perspective the necessity of establishing and existing intellectual property rights, and from a legal philosophy perspective the justification for the legitimacy of intellectual property. Based on this, it clarifies some misunderstandings and concerns about intellectual property. Conclusion compares China's intellectual property protection with that of some developed countries, pointing out that China's intellectual property protection is at a different level, and proposes policy recommendations for China's intellectual property system.