Innovation was at the forefront of the new concept of development, the first engine of development and the strategic underpinning of a modern economic system. General secretary xi stressed: “standing on to innovation is the first motivation, keeping on catching on to innovation is looking for the future. “the key to recognizing, adapting and promoting innovation is to respect and apply innovation patterns and to develop a systemic view of innovation. The main elements of innovation systems are organizations and systems. Innovative organizations are the subjects of a variety of resources, including markets, capital, research and development, such as enterprises and their competitors, universities and research institutes, investment institutions and public institutions. The innovation system is a customary, legal rule for organizing resources, coordinating inter-organizational relations and distributing benefits, the most important of which is the intellectual property regime. General secretary xi stated: “increased enforcement of intellectual property protection and improvement of the system of intellectual property services. The intellectual property regime creates a troika of information supply mechanisms, exclusive promise mechanisms and interest protection mechanisms that provide a direct driving force for innovative development。
1. Information supply mechanisms can reduce uncertainty about innovation processes
Innovation is both a process and an outcome, essentially introducing novelty into the economy and creating new products, processes, markets and structures. Innovation is no longer a simple process from scratch, but rather an improvement and change within available resources and conditions. Innovation, whether by an individual enterprise or group, or by an industrial sector, region or country, has a path-dependent character. In order to break path dependence, innovative organizations often maintain extensive exposure and absorptive capacity to external elements through open networks. The richness of external resources is linked to the diversification of innovation. The targeting of specific evolutionary pathways and the complex integration of open resources make it difficult to replicate innovation. This means that even if the impact elements of existing innovation projects are known, they cannot be used to anticipate new innovation projects, so that the leaders of the innovation projects are not able to accurately control the innovation process and its output. The specificity of the innovation process makes innovation highly uncertain。
At the first china international fair of smart industries, the audience was able to visit the "new ecology of urban intelligence traffic" dynamic sandbar. Xinhua news agency, all of you
The elimination of uncertainty requires information supply mechanisms. The informatics nature of the intellectual property regime is precisely an artificially constructed mechanism whereby property rights of limited duration are exchanged for disclosure of information, particularly copyright and patent laws. This mechanism consists of two components: a mechanism for the free diffusion of know-how to society in the form of information. Copyright and patent rights are policy tools open to the public in exchange for works and technology programmes. Second is the mechanism for the diffusion of public knowledge to society in the form of information. The public domain system of the intellectual property regime defines the scope of public knowledge and includes two policy instruments, the object of protection and the duration of rights. With regard to the definition of the object of protection, copyright protection is limited to the expression of the work and does not extend to ideas, facts, functions, processes, operational methods or mathematical concepts. As the work is expressed, the ideas it contains are open to society and free access and free of charge is available to everyone. The scope of patent rights is a specific technological option, and abstract ideas will be made public as patents become public. At the same time, copyright and patent rights are time-limited. It is natural that works and patented technologies beyond the protection period become freely available to the public。
The information supply mechanism for proprietary and publicly owned knowledge has created a social information base for innovative organizations. In essence, information is what eliminates random uncertainty. Innovation-related management, technology, markets, consumer and competitor information can increase the chances of innovation moving in a defined direction and can maximize the incentives for optimal options. The better the information, the easier the direction of innovation is to be determined and the easier the innovation results are to be generated. When the amount of information is large enough, the random uncertainty of innovation can be eliminated. A rich information base is therefore of great value to innovation in specific innovation systems. The information supply mechanism of the intellectual property regime increases the possibility of removing uncertainty in the innovation process。
2. Exclusive promise mechanisms can enhance the scalability of innovation systems
Open innovation has become the dominant model of innovation due to the transient nature of market demand and technological competition, the specialization of venture capital, economic globalization and the massization of knowledge. Open innovation is an innovation resource that cuts across the boundaries of business organizations, industry sectors and even countries. Different subjects provide innovative resources for innovative projects, giving a typical distributed character to open innovation. Distributive networks are divided into contractual and informal networks or strong and weak linkages. The contractual network is a legally binding and formal association of intellectual elements such as knowledge, technology, capital, facilities, conditions, human elements such as skilled personnel, organizers, etc., that is initiated by innovative subjects, but is closed and relatively binding. Informal networks can provide multiple pathways for the regrouping and feedback of innovation elements and can facilitate new advances in innovation projects in continuous learning and error but lack stability and binding force. As existing research does not open the “black box” of the innovation process, the formation of the innovation requires a modest mix of contractual and informal networks and a combination of strong and weak linkages。
The formation and expansion of distributed networks requires the best commitment after the fact to eliminate the unconvincing risk of return. The intellectual property regime offers a unilateral promise, in the form of exclusive rights, of the best option after innovation. The reason for this promise is the failure of the contractual system. The birthright of a contractual regime is due to the relative nature of the rights it creates, which binds the subject of the contract and does not target a specific third party. In the case of innovation systems, on the one hand, as innovative resources accumulate across societies, the cost of establishing contractual relationships between different innovative organizations increases significantly, and the efficiency of the system decreases accordingly. On the other hand, informal networks can contribute innovative knowledge and have irreplaceable roles, often based on common identities or interests rather than contracts. By contrast, exclusive systems can create exclusive rights to dominate innovation and to exclude non-specific interference based on the contribution and value of factors. To some extent, proprietary regimes and open innovation are mutually reinforcing。
The key to an exclusive promise of performance lies in the creation of an exclusive legal relationship and the coercive force it generates. The law on intellectual property provides for subjects and attribution of exclusive rights, conditions and procedures for the acquisition of rights and the content of rights. In tenure arrangements, intellectual property law usually requires a trade-off between elements such as creative labour, ordinary labour and capital, on the basis of values such as efficiency, fairness and private law autonomy, and a balance of practice. In terms of access to rights, copyright can be enjoyed only if it has originality, expression and replicability. New innovations and practical innovations can be patented only if they are innovative, creative and practical. Appearance designs with novel, aesthetic, industrial applications, etc., can be patented. Trademarks with elements such as visibility, non-functionality, legality, etc. May enjoy trademark rights. Except for the automatic acquisition of copyrights, other intellectual property rights are subject to legal procedures. The rights acquired have a statutory type and content. In addition, the scope of the exclusive right cannot be expanded or created arbitrarily. As long as innovative organizations cooperate in accordance with legal norms, they can ensure that they have the right and the future interests they represent. These clear institutional designs have the expected role of the creators of the commitment to exclusive authority and stability。
The crtsiii pre-resilient concrete orbital plate is a major scientific and technological achievement for the country's autonomous research and development, with full intellectual property rights. The staff members were given laser codes for the crtsiii prototype orbital plate. Xinhua news agency journalist song jinping-sung
3. Equity protection mechanisms can regulate the positive externalities of the benefits of innovation and effectively curb the erosion of markets through abuse
Innovation has a positive externalities. At the technological level, primitive technological innovation is bound to lead to improved innovation in the same field and related areas in the process of imitation of diffusion, and as innovation becomes widespread, competitive market pressures drive new primitive technological innovation and trigger a new cycle of imitation and diffusion. In the cyclical changes in “primitive innovation — imitation and diffusion — new primitive innovation”, the productivity of society as a whole has increased. The spillover effects at this level are objectives pursued by innovation and intellectual property policies that cannot and should not be internalized. At the benefit level, innovative organizations can monopolize the benefits of innovation through the lead time generated by law or market factors. However, such lead times are easily interrupted by abuse by others, thus allowing other competitors to apply innovation pro bono, with the ultimate result being to the detriment of the legitimate interests of other competitors. This requires the application of interest protection mechanisms to prevent it。
The ipr regime creates interest protection mechanisms that include exclusive rights protection and competition law benefits protection. The exclusive right is established in accordance with statutory principles and constitutes a statutory promise. The benefits of competition law are complementary to those of protection through anti-improper competition law. In respect of these two elements of the right, intellectual property law establishes a system of compensation based on the principle of proportionality, followed by the principle of undue profitability and supplemented by the principle of legality, with punitive damages as a punitive measure, with the aim of internalizing the benefits derived from the free use of others. At the same time, the protection of anti-improper competition law must not conflict with the legislative policy of special laws or exceed the limits of the principle of good faith. The exclusive scope, as well as the statutory nature of complementary protection, are designed to preserve the modesty of intellectual property law and to keep the public domain as far as possible。
Thus, the central thrust of strengthening the supply of intellectual property systems is to improve the “troika” driving innovation. With regard to the provision of information, it is important to maintain a two-wheel drive to improve the public sphere of intellectual property law and the proprietary sphere, guaranteeing the freedom of public knowledge close to the virtuous cycle of sufficient output of proprietary knowledge. The focus is on creating a sound system of incentives for the efficient, high-quality and easy dissemination of publicly owned knowledge, enhancing public access to public knowledge well-being, promoting the revitalization of cultural industries and the implementation of the china-china legacy of culture, providing rich knowledge elements for innovation systems, promoting creative damage to diversified knowledge participation and stimulating innovation. In the case of exclusive rights, the statutory principles of intellectual property rights should be upheld and implemented, the enforcement of promises should be clearly defined and the expectations of future interests should be stabilized. With regard to the protection of interests, the public sphere of intellectual property rights is maintained as a meta-method of intellectual property construction and administration of justice. The right-holders of legal and factual issues are held to be liable in respect of the identification of the subject, the interpretation of the scope of the rights, the conditions of protection, the reasonable delineation of private interests and the public interest and the strengthening of the protection of interests。
(by xi jinping, beijing city, china specialist research centre for socialist thoughts of the new age of china, in writing: surplus, feng xiaoqing)
The day of light (2908/06th edition, 2018)
