Research on the System of Intangible Property Rights (Revised Edition)

Author: Wu Handong
Publisher:
Publish Date: 2005-02-01
Features: Knowledge must become wealth, becoming the wealth that creators personally control and enjoy, relies on the confirmation and protection of national laws. The legalization and rightization form of knowledge wealth is intellectual property or intangible property rights. Regarding the legal system for the protection of intangible property, from its inception to its development to the present, it has only been three or four hundred years, but it has greatly promoted the development of social economy, science, and cultural undertakings. Western developed countries took the lead in establishing and improving their own intellectual property legal system, and advocated the construction of an international intellectual property protection system worldwide. Since the second half of the 20th century, two notable changes have emerged in the field of intellectual property: first, the development of the new technological revolution has brought about reform and innovation in the intellectual property system; second, the formation of the new international economic order has led the intellectual property legislation of various countries to a process of unification and convergence. The development and transformation of the intellectual property system are not only reflected in the continuous expansion of its scope of protection and the increasingly rich and diverse rights content, but also in the gradual emergence of new rights systems and the near collapse of the old rights system. In other words, due to the development of modern commodity economy and the changes in the form of social wealth, property has increasingly become intangible and non-material, and many intangible properties are no longer limited to traditional intellectual property. In view of the above circumstances, the author has proposed since the mid-1990s the establishment of an intangible property rights system broader than the scope of intellectual property, to encompass all rights derived from non-material forms, in response to the legal needs brought about by modern science and technology and the development of commodity economy. Knowledge must become wealth, becoming the wealth that creators personally control and enjoy, relies on the confirmation and protection of national laws. The legalization and rightization form of knowledge wealth is intellectual property or intangible property rights. Regarding the legal system for the protection of intangible property, from its inception to its development to the present, it has only been three or four hundred years, but it has greatly promoted the development of social economy, science, and cultural undertakings. Western developed countries took the lead in establishing and improving their own intellectual property legal system, and advocated the construction of an international intellectual property protection system worldwide. Since the second half of the 20th century, two notable changes have emerged in the field of intellectual property: first, the development of the new technological revolution has brought about reform and innovation in the intellectual property system; second, the formation of the new international economic order has led the intellectual property legislation of various countries to a process of unification and convergence. The development and transformation of the intellectual property system are not only reflected in the continuous expansion of its scope of protection and the increasingly rich and diverse rights content, but also in the gradual emergence of new rights systems and the near collapse of the old rights system. In other words, due to the development of modern commodity economy and the changes in the form of social wealth, property has increasingly become intangible and non-material, and many intangible properties are no longer limited to traditional intellectual property. In view of the above circumstances, the author has proposed since the mid-1990s the establishment of an intangible property rights system broader than the scope of intellectual property, to encompass all rights derived from non-material forms, in response to the legal needs brought about by modern science and technology and the development of commodity economy.