How to Promote Self-Reliance and Self-Strengthening in Science andTechnology through the Intellectual Property System:The Perspective of Market Failure and Regulatory Failure
How to Promote Self-Reliance and Self-Strengthening in Science andTechnology through the Intellectual Property System:The Perspective of Market Failure and Regulatory Failure
Due to the high complexity of the innovation ecosystem,the hysteresis effect of the traditional regulatory model,the self-interested tendency of the relevant subjects,and the trend of securitization of intellectual property,the inability of the market to self-heal and the nominalization of the regulatory instruments have occurred in the field of intellectual property from time to time.The expansion of platform power,the coexistence of patent quantity anomaly and patent dormancy,the emergence of intellectual property malicious litigation,and the rapid increase of national security risks have arisen.Therefore,in the context of self-reliance and self-strengthening in science and technology,the intellectual property system,which is based on stimulating innovation,should not only"add the fuel of interest to the fire of genius",but also contribute to the resolution of market failures and regulatory failures in this field.At the source,the theory of legitimacy of the intellectual property system should be enriched.In strategy,an intellectual property governance model for collaborative innovation is recommended.In its relationship with other laws,it is essential to promote the positive interaction between intellectual property law and science and technology law.On route,more proactive measures on national security governance of intellectual property rights are being recommended.Ultimately,the intellectual property system should have the dual function of stimulating innovation and overcoming related failures.
关键词
科技自立自强/市场失灵/规制失灵/知识产权滥用
Key words
Self-Reliance and Self-Strengthening in Science and Technology/Market Failure/Regulatory Failure/Abuse of Intellectual Property Rights
维普
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