Summary: the protection of intellectual property rights and the balance of interests in the process of updating agricultural science and technology have their own specificity. It is therefore necessary to further refine the mechanisms for the conversion and risk avoidance of the results of the intellectual property rights (iprs) for agricultural science and technology, based on the principles of generality, based on the specificity of agricultural science and technology renewal, with a view to addressing the issues arising from its specificity, better safeguarding and coordinating the interests of the various actors through increased public financial support, and better balancing and sharing of benefits based on increased policy inputs。
Keywords: agricultural intellectual property rights; balance of interests; benefit-sharing
With the rapid modernization of agriculture and the acceleration of the modernization of agricultural science and technology, the issue of intellectual property protection and balance of interests in agricultural science and technology has undoubtedly become increasingly important, and how to better reconcile the relationship between the creators and users of property rights through the regulation of intellectual property protection and balance of interests in agricultural science and technology has undoubtedly become a real problem in stimulating the dynamism of science and technology and enhancing the capacity of agricultural science and technology to use it. At the same time, it is undoubtedly one of the central propositions for further improving the legal regime for the protection of intellectual property rights. In this context, the establishment of mechanisms for the protection of intellectual property rights in agriculture and the balancing of interests in the light of the need for agricultural science, technology and innovation and the logic of the benefits of the formation and use of intellectual property rights is undoubtedly of great relevance and theoretical value。
I. The protection and equipment of integrated institutional laws
The intellectual property rights of agricultural science and technology, which are a prerequisite for the modernization of agriculture, are a legal summary of the rights to creative results and commercial labelling of holders of agricultural science and technology innovation. The need to establish an intellectual property rights regime for agricultural science and technology is first and foremost due to the fact that the innovation and use of agricultural science and technology are bound to be subject to the same benefits as other areas of intellectual property rights, the resolution of which has a direct impact on the motivation of agricultural science and technology innovation and the extent to which it is promoted and used. In general, innovators tend to be a small number of elites and elites in a given field, while users and promoters are a wide range of industries, industry participants and practitioners. Without innovation in science and technology, neither development nor application can be achieved, but without its diffusion and use, it is difficult to translate into new productivity in a timely manner, and there is a natural lack of use and benefits. It follows from this logic that there is a question of how to protect the intellectual property rights of the creators and preserve their innovation incentives, while at the same time allowing for the alienation and diffusion of intellectual property projects to become new productivity in the production process through a balance of interests. It can be said that, at any given time, the issue of interests is a fundamental one directly related to human survival and development. Thus, the creation of intellectual property rights (iprs) is in itself designed to promote knowledge innovation and use through better coordination and balance of interests in iprs. In this case, the protection of intellectual property rights and the balance of interests have undoubtedly become the underlying spirit of intellectual property law. Protection of intellectual property, in its broader sense, is in fact a balance of interests. In this context, therefore, we would like to emphasize that the balance of interests in the process of agricultural science, technology and innovation is not only a need for its promotion and application, but also, to a large extent, a need for agricultural science, technology and innovation, depending on the particular nature of science and technology as objects of rights in the legal regime of intellectual property rights. It goes without saying that the construction of any legal system is dependent on the object of the corresponding right, but that the object of the right is often different in different legal systems and different legal norms. The object of the right in the intellectual property regime, however, is unique and has its own special character, because the object of the right here, as a product of knowledge, carries extremely special information. It is clear that as an innovation, science and technology, including agricultural science and technology, are clearly only part of the innovation, but as a knowledge message, it is in itself public and shared from the outset. Thus, it makes the problem even more special. But in terms of the public nature of knowledge, knowledge itself must not only constantly push itself into a public state, but must also be in a public state in order to demonstrate its value and create maximum benefits. However, it is clear that the results of the agricultural science and technology upgrading as a knowledge product, like other knowledge products, are bound to enter the public domain and to be known. Such well-known facts undoubtedly give further impetus to the question of how to share and share. In response, both the public and intangible nature of knowledge, in fact, derive the characteristics of knowledge-sharing, which further exposes the consumption and use of knowledge products to new positive externalities, namely, that knowledge products, as a product of public knowledge, can be shared or shared not only by others, but often at no new cost. As a result, the particular nature of the intellectual property system's intellectual property products as objects of rights themselves has emerged and new problems have arisen. That is, sharing or sharing of knowledge products as a product of public knowledge, often without new costs, is necessary for social development and for others; but for inventors of knowledge products, it means that it is possible to bear the corresponding costs of production so that newly created scientific and technological results do not benefit from sharing or sharing with others. This is clearly prone to a lack of incentives for sti, which in turn affects sti and social development. Thus, it is necessary to establish the corresponding legal framework of intellectual property rights in the form of external intervention to achieve a balance between the interests of the creators, users and society as a whole of agricultural technology. While protecting the intellectual property rights of good creators and preserving their innovation motivations, at the same time promoting the transfer and diffusion of intellectual property projects through a balance of interests, the sharing and sharing of agricultural science, technology and innovation projects so that they become new productivity in the production process and contribute to the modernization of agriculture and the development of society as a whole. Or, in other words, we will be better able to promote the modernization of agriculture and the development of agriculture and of society as a whole only if we properly manage the balance between the protection of and the benefits of the new intellectual property law on agricultural technology。
Ii. Intellectual property protection and balance of interests in agricultural science, technology and innovation
