www射-国产免费一级-欧美福利-亚洲成人福利-成人一区在线观看-亚州成人

News >Bizchina

Flip side of IPR protection

2011-01-20 17:36

Flip side of IPR protection

Champions of intellectual property rights (IPR) say it is the driving force of economic growth and technological innovation. China has made its legislators perfect IPR laws ever since it decided to embrace market economy, and asked its law-enforcement agencies to ensure that they are properly implemented and protected. The country's increasing foreign trade has further strengthened this demand, and the government and judicial authorities have made great efforts to perfect the IPR system.

China has enacted and implemented a series of laws and regulations on IPR protection and issued the Outline of the National Intellectual Property Strategy in 2008. Its judicial authorities at various levels continue to crack down on people and companies violating IPR. On the whole, the country has made considerable progress both in legislation and enforcement of IPR laws.

But the purpose of an IPR system is not only to protect intellectual property, but also to encourage innovation, maintain social justice and thus promote comprehensive economic and social progress.

The present tendency to lay undue emphasis on intellectual property both at home and abroad may go against the original intention of an IPR system. Some practices and disputes in the United States and other Western countries have taught a lesson to China, rather than being experiences worthy of emulation.

The fundamental driving force of innovation is competition, while IPR protection in substance is a kind of monopoly. Monopoly can provide incentives for innovation, but it can also prompt former innovators to gain high return by relying on the products they have already innovated, rather than pushing them toward further innovation. Such a situation will ultimately weaken the power of technological innovation.

Moreover, a stringent IPR protection system will encourage enterprises to take moral risks. To maintain their competitive edge, some enterprises can use a strict IPR system to set up barriers for their competitors.

Some scholars describe the IPR disputes raised by developed countries against developing countries as "removing the ladder of development of developing countries". Enterprises in developed countries often erect trade barriers against their foreign competitors, especially those from developing countries, in the name of "infringement of intellectual property".

Very stringent IPR protection laws can worsen the conditions needed for innovation. They can force innovators to focus less on further innovation, and more on "infringement". The patent project in the US is now subdivided. In the past, engineers used to apply for a patent on complete software. Now, nearly each code has a patent right. Apparently, such an approach helps protect the interests of inventors. But in reality, it greatly hinders technological innovation, because an engineer now has to ensure that he/she is not using a code in his/her new software that has been patented by someone else.

People championing the cause of IPR say that the huge expenditure in the early days of technological innovation needs to be compensated by high returns now. What they do not realize is that by selling more products at a lower price they can recover the cost in relatively less time.

In their economics paper, Perfectly Competitive Innovation, Michele Boldrin and David K. Levine argue that in many current and historical markets, innovation has thrived in the absence of copyrights, patents and other forms of monopoly power. They say that the presence of rents induced by government monopoly grants, intellectual property in the form of copyrights and patens may be socially undesirable, and that government grants of intellectual monopoly could lead to fewer innovations than under competition. Their conclusions may not be absolutely correct, but they can be used for reference.

Developed countries have transformed their will into "international rules" through multilateral, regional and bilateral channels. They force developing countries to accept these "international rules" which usually are in favor of the West. Such tactics are given full expression in the disputes over formulation, passage and implementation of the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights.

Another approach used by developed countries is to infiltrate the proceedings of developing countries' domestic legislation and strive to formulate laws and regulations in line with their interests, leading to imbalance in the legislative process of IPR in developing countries.

After all, foreign institutions with abundant experience can easily gain the upper hand and are more likely to include their selfish motives into the seemingly reasonable proposals in the name of "international convention" in developing countries, which are busy mulling legislation in newly emerging industries.

In such cases, legislators must ensure that the voices of other market players are fully reflected in the legislative process to guarantee impartiality in rules. Hence, neutral and objective Western observers should not label China's efforts to seek justice as "protectionism".

Every coin has two sides. The system to protect IPR is no exception. Whether the system can be the driving force of innovation or turned into barriers impeding technological progress depends on whether we can get rid of the shackles of some presumptuous interest groups.

The author is a research scholar with the Chinese Academy of International Trade and Economic Cooperation, affiliated to the Ministry of Commerce.

Related News:

主站蜘蛛池模板: 欧美日韩亚洲成色二本道三区 | 免费老外的毛片清高 | 91成人国产网站在线观看 | 久久受www免费人成看片 | 尤蜜网站在线进入免费 | 欧美精品专区55页 | 黄色网址网站在线观看 | 中文一区在线观看 | 国产国模福利视频 | 在线观看免费视频网站色 | 欧美性高清bbbbbbxxxxx | 亚洲 欧美 中文字幕 | 日韩成人小视频 | 欧美不卡视频在线观看 | 国产欧美精品区一区二区三区 | 国产精品九九久久一区hh | 中国美女一级黄色片 | 成人老司机深夜福利久久 | 在线欧美精品一区二区三区 | 精品国产免费一区二区三区 | 国产美女作爱全过程免费视频 | 日本精品视频在线播放 | 久久精品国产影库免费看 | 欧美一级特黄高清免费 | 久久精品呦女 | 国产成人精选免费视频 | 黄色在线播放 | 久久久久久久久综合 | 精品一区二区三区在线播放 | 国产欧美久久久精品 | 国产极品喷水视频jk制服 | 亚洲高清无在码在线无弹窗 | 亚洲精品午夜一区二区在线观看 | 免费观看成年人视频 | 九九精品在线视频 | 99午夜高清在线视频在观看 | 末成年娇小性色xxxxx | 亚洲精品男人天堂 | 国产精品91在线播放 | 黄色福利小视频 | 男性吸女下身的视频 |