知识经济引发的知识产权新问题

Abstract

Intellectual property system (IP system), as a combination oftechnology, economy and law, and a way to solve the attribution problems of “knowledge” resources, founded a profit mechanism of incentive and adjustment and brought up a large numberof inventors and entrepreneurs starting industrial revolution and creating the miracle of rapid economic growth. Therefore, IP system, which owned irreplaceable value, distinctive function and exuberant vitality, was regarded as a great creation in the process of human civilization development. However, with the flourishing and developing of knowledgeeconomy, the fundamental changes in economic structure and economic growth mode have caused many new issues of IP differing from industrial economy times completely, which include the conflicts of systematic mechanism caused by the expansion of new-type IP objects and the expansion of IP right scope, the dilemma of IP’s specific system arrangement caused by the increase of IP protection difficulties and transformation of IP implementation mode, the doubts about the inherent mechanism of interest balance because of the expansion and consolidation of IP right, as well as the antitrust issues of IP triggered by the doubts about IP’s private property and legitimate monopoly. When human society has marched into knowledge economytime from industry economy time, we begin to be confronted with many new challenges in the field of IP. Since the knowledge economy time boasts the spirit of worshipping and imbuing innovation, it is an essential way to deal with the new IP issues intheknowledge economy time by innovating IP system. Meanwhile, when IP system is not able to manage new issues such as monopoly problems of IP, it is another important way to solve new IP issues through adding the concept of new-type IP monopoly into current anti-trust legal system and keeping it under effective control.