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Performance Research On Agricultural Intellectual Property In China

Posted on:2016-04-01Degree:DoctorType:Dissertation
Country:ChinaCandidate:L L LiFull Text:PDF
GTID:1109330461991193Subject:Agricultural Economics and Management
Abstract/Summary:PDF Full Text Request
In 2007, the report of the 17 th national congress put forward “implement the strategy of intellectual property rights”for the first time;Then,the state council issued "The outline of the national intellectual property strategy " officially for the first time on June 5, 2008; "the agricultural intellectual property strategy compendium" issued by ministry of agriculture in 2010;The report of the 18 th national congress put forward the "implement the development strategy of innovation driven" to emphasize "implement the strategy of intellectual property rights and strengthen the protection of intellectual property rights", the intellectual property strategy as an important part of innovation development strategy. As an important part of the intellectual property system, agricultural intellectual property rights is able to promote the agricultural innovation, enhancing the core competitiveness of agricultural products, to ensure the agricultural sovereignty and safeguard China’s future development have a great significance.With the deepening of the implementation of the national intellectual property strategy and the market innovation activities have become increasingly, the requirements for the intellectual property of the agricultural economic and social development is also significantly improved. demand has also increased by the main market for strengthening the protection of intellectual property, they urgent to improve the legal environment of market environment and cultural environment in the area of agriculture intellectual property. Nowadays, the cause of agriculture intellectual property rights gradually change attention from quantity to quality and attention to the effect. Seeking stability, harmony, highlight the benefits of quality in the state level requirement for the scientific development of the cause in agricultural intellectual property rights.As an opportunity, This study combined with the theories and methods of economics, law, agricultural economic management, and and empirical analysis,qualitative and quantitative analysis, AHP method, statistical method, fuzzy method, mathematical model method, and comparative study method as the main research tools, research on the performance of agricultural intellectual property. the study through to "Public law to promote, private right to incentives and the social right to maintain" + " ’ Big Ten ’characteristics" of agricultural intellectual property rights as the logical starting point, through the verification and evaluation, the overall performance of agricultural intellectual property rights economic and environmental performance and analyses the innovation incentives relevant empirical research, and to reflect on the performance behind the interests of evolution, conflict and coordination in the creation of the system, at the same time through learning from foreign experience, to improve the agricultural intellectual property system to enhance the performance of agricultural intellectual property rights, and finally to stay the logical end of agricultural intellectual property "five in one" value function.The full paper is divided into 6 chapters. Chapter one is the introduction. The background, purpose and significance of the study, and the related research at home and abroad are summarized, and put forward ideas, contents and methods of this research and innovation. The second chapter, the basic theory research of China’s agriculture intellectual property performance. The basis of rationality and nature including agricultural intellectual property rights; the definition of agricultural intellectual property right connotation and scope of this research; analysis of special personality of agricultural intellectual property is different from the traditional intellectual property rights; agricultural intellectual property "five in one" value function. The third chapter, an empirical study on the China’s agriculture intellectual property performance.Including the assessment of overall performance, economic performance, innovation performance evaluation and incentive to verify the performance of the verification environment. The fourth chapter, the conflict and coordination in system evolution of agricultural intellectual property. This chapter followed by empirical research, is the reflection of the system of performance research behind, analyze the evolution of agricultural intellectual property system and the change of system of interest balance, and the direction of a sound system is put forward from the angle of conflict coordination. Finally, selected a case of conflict and coordination, by research the law enforcement dilemma and outlet of agricultural intellectual property on the perspective of the conflict and coordination for public power invade private right. The fifth chapter, a comparative study of agricultural intellectual property rights system in foreign countries. In the aspect of agricultural patent, the EU, Japan, America three international patent protection in agricultural biotechnology, mainly agricultural patent legislation, and the basic trend of international agricultural patent protection system were summed up; in the aspect of the protection of new varieties of plants, the overall trend of international protection of new varieties of plants were sorted and summed up, and the selection of the new plant variety protection system of typical countries and regions of the specialized interpretation and analysis. In the system of protection of geographical indications, by selecting 5 countries or areas in the unique geographical indication protection system approach, and analyze the reason and influence. The sixth chapter is the study of main conclusions and policy recommendations, combing the relevant research conclusions of this study, and according to the relevant conclusions, put forward some related suggestions to enhance the performance of China’s agricultural intellectual property.The main conclusions of this study are as follows:(1) The agricultural intellectual property rights with the products created by agriculture, biological characteristics, the carrier of property right, property right infringement valuation uncertainty, strong externality, environmental effect, high dependence on agricultural products, strong resource endowment, the main object of market dear difference as well as the agricultural product geographical the sign of atypical property characteristics of the "big ten" is different from the general characteristics of intellectual property rights, which is the premise and basis for analysis and theoretical logic performance of agricultural intellectual property rights, for the intellectual property protection system design and to improve the performance of agricultural innovation have an inspired and depth meaning.(2) With the economic value of agricultural intellectual property rights in agricultural science and technology innovation, scientific and technological achievements, promote agricultural industrialization and agricultural competitiveness; has political value in planning aspects of international negotiations, the international intellectual property strategy; cultural value in terms of knowledge and cultural heritage, local culture and tradition the protection of; with social value in food safety, food safety, unfair competition suppression and maintaining regional stability and other aspects; in environmental protection, environmental protection and technology application, the contribution of biodiversity and ecological sustainable development aspects of environmental value. So we can set up the economy, political and cultural, social and ecological value function of the "five in one" system, provide wide perspective for the performance of agricultural intellectual property rights theory is goal oriented, the logical basis for empirical research on the performance of agricultural intellectual property, gives the evaluation for the comprehensive performance of the transverse direction.(3) "Public law to promote, private right to incentives and the social right to maintain" together the "Big Ten" characteristics to build a logical starting point of the agricultural intellectual property rights performance, intellectual property rights and agricultural "five in one" system by the value function reflect the full range of agricultural intellectual property rights performance goals, become the logical end of performance agricultural intellectual property rights. Among them, the agricultural intellectual property rights of the "big ten" characteristics can not be partial, because only under this premise, analyses and system adjustment and improvement will be targeted, evaluates the significance on the performance of agricultural intellectual property rights system, the "big ten" characteristic determines the objectivity of system creation is different from general agriculture the system of intellectual property.(4) The overall performance value of the China’s agriculture intellectual property right is 0.457, is close to the middle level. The overall performance of the 0.316 dimensions of efficiency, fairness dimension of performance is only 0.141. The efficiency of dimensions, only "protection" performance compared to a slight advantage, the rest of the "creation", "use", "intermediary services" performance is generally low; the cultural performance of agricultural intellectual property fair in the dimension of performance in the index system was the lowest. The target performance value is consistent with the current situation.For our country at the stage of agriculture shows that a lacking of core competitiveness, mechanism in transformation and applicationand a weak condition awareness of intellectual property culture.(5) China’s agriculture intellectual property right economic performance is 0.49, namely the protection of agricultural intellectual property caused by the agricultural technology progress for the elastic coefficient of the agricultural economic growth reached 0.49. This value is slightly higher than the overall performance of our country agriculture intellectual property right, also verify that the overall performance of the cultural awareness of intellectual property rights of China’s agricultural backwardness low of our country agriculture intellectual property right from the side. Is still far lower than the agricultural investment in fixed assets for the growth of agricultural economy, agricultural fixed assets investment and agricultural employment elasticity coefficient for agricultural economic growth of 1.192 and-1.901, which shows that the transformation of China’s agricultural economic growth by trying to rely on the traditional fixed capital, human inputs to innovation driven economic growth mode.(6)By the end of 2013, the general trend in application and authorization of the agriculture intellectual property right is maintain a steady increase in number and improvement in quality.But there are also agricultural patent validity maintenance rate is low, and the enthusiasm is not enough; the agricultural patent quality is not high, and the application and transformation ability of domestic agricultural; enterprises with independent intellectual property rights is weak; for the international protection of agricultural intellectual property rights awareness is not strong; the regional distribution of two stage differentiation is obvious problems such as application and authorization, seriously restricts the "one in five" function value of the agriculture intellectual property right.(7)The agricultural intellectual property protection through foreign direct investment, R & D investment, human capital and other ways have indirect positive impact on the environment of technology spillover, and has indirect negative effects through international trade. Only when a country’s agricultural intellectual property protection and agricultural economic development, the human capital brings in environmental technology knowledge and knowledge of the demand of agricultural intellectual property protection degree and supply of agricultural intellectual property protection degree of matching. At present, the still weak agricultural economy level caused by low agricultural environmental technology knowledge stock and population education level, bring about lacking- effective demand for agricultural and environmental protection technology, which directly affects the environment effect of technology spillover.(8) The coming of knowledge economy has changed the balance of interests of agricultural intellectual property system, the evolution of agricultural intellectual property system mainly as follows: the influence of agricultural intellectual property system question a lot of factors of stability, increase agricultural intellectual property strong regional and international pressure increase, conflict of intellectual property rights on Agricultural exclusive rights and the strong tendency of public right of intellectual property of agriculture. The evolution of the balance of interests of agricultural intellectual property system in the main performance is: the interests of the subject of right and the balance of interests of the public, developed countries and developing countries and regions of the balance of interests, rights and benefits of resource providers and balance, technology innovation and social development sustainable balance. From the agricultural intellectual property system changes in two changes: "international market active passive legislation, legislation" and "general industrial property rights under the framework of agricultural intellectual property protection to individual protection, intellectual property of agriculture system in the new object expansion of rational expectation, the traditional method of cross + method + special law coordination method" reconstruction of agricultural intellectual property system, more public interest and not simply tilt breakthrough and desalination "regional" vision of the internationalization of the five development trend of agricultural intellectual property system to adjust and perfect.(9)There are upside down phenomenon in our country agriculture administrative enforcement of intellectual property rights protection and judicial protection of the theory and practice of performance: Theory of the dispute for a return to private relief and the practice of public relief true colours, fast, and efficient to make the highly favored "". "To strengthen the protection of equal to strengthen the administrative law enforcement" and "public relief too involved in ’extrusion’ private law effect" is the two fundamental problems in inversion. Under the new situation, the agricultural intellectual property law enforcement protection in China from the way of agricultural intellectual property rights, special law enforcement resources as well as the development of the international situation analysis of the characteristics of focus, seek the ultimate way out from the "cooperative governance" multi subject ", from the short term to strengthen the agricultural part of the intellectual property administrative law enforcement, judicial rule of law in the long term to guide the comprehensive intervention, establishment of moderate intensity of agricultural intellectual property law enforcement system, the establishment of scientific agriculture intellectual property enforcement measure and evaluation mechanism as well as criminal, technology, organization and society as a complementary means of law enforcement by" looking for the basic strategy.(10) The developed countries play an important role in the internationalization of agricultural intellectual property rights, they tried to in the world especially the protection mode of agricultural intellectual property in developing countries with high levels of the WTO-TRIPs protocol, in order to maximize their own interests. The establishment of developing country agriculture intellectual property system more in the "strengthening standards" under the pressure of the passive set up. However, developing countries have also developed countries for "biopiracy" type of protection "in the field of agricultural intellectual property rights in developing countries staking" behavior of a certain vigilance. For the implementation of pushing high levels of agricultural intellectual property protection mode of developed countries is no longer blindly passive acceptance, start by selective change related to domestic law and international conventions to join, and gradually build the mode of agricultural intellectual property protection type according to national conditions.Based on the above research and conclusions,this study puts forward some strategies and suggestions:(1) The necessity of agricultural intellectual property system reform: the reform of agricultural intellectual property system is not possible, "put things right once and for all agricultural intellectual property rights" system with object protection as it needs continuous innovation, with the reform of the system of performance monitoring and timely assessment, timely revision of the improper reform, continue to maintain, update, continuous improvement in order to maintain the sustainability of the system.(2) Reform supporting: performance of agricultural intellectual property rights is a complicated system engineering, need to set up a coordination mechanism with the diversification of government regulation, and pay attention to multiple protection is not equal to the strength of times.(3) To improve the conversion rate of creative thinking1: the integration of "agriculture + agricultural patent trademark" or "patent + Agricultural Geographical Indications of agricultural products" resources, promote patent and product combination, product and trademark or logo, the combination of publicity and promotion means, finally realize the industrialization of agricultural intellectual property rights results.(4) To improve the conversion rate of creative thinking2: tracking mechanism in agricultural knowledge transformation in the property price subsidy system and authorized as the core, the agricultural intellectual property protection extends from the "R & D, authorization" to "promotion, application", to provide institutional guarantee for the transformation of agricultural intellectual property achievements.(5) To improve the risk prevention of conversion: increase the focus on new varieties of plants, agricultural products patent insurance design, subsidies and coverage, strengthen risk prevention security function of agricultural insurance for agricultural patents, new technologies, new varieties of plants industrialization.(6) The right holders innovation of agricultural intellectual property: the rights of genetic resources to farmers’ rights based public ideas into the community right to development, promote two-way interactive agricultural biological genetic resources and intellectual property protection in the development of the community benefit sharing system.(7) Effective government regulation mode: To explore the effective model of agricultural intellectual property navigation agricultural industry the development of government regulation, establishing a benign interaction between agricultural intellectual property and operation of agricultural industry and agricultural decision-making mechanism, the use of intellectual property management for the mechanism of agricultural industry performance highly support.(8) The breakthrough to foster cultural and public awareness: the publicity and promotion of products, protection of intellectual property rights in China, especially high-quality agricultural products in agriculture as a breakthrough, and actively carry out agricultural intellectual property culture construction pilot work, formed at the present stage of China’s unique agricultural intellectual property culture, and strive to create a kind of respect and protection of agriculture intellectual property and environment, to enhance the public intellectual property of agriculture, awareness and understanding of the degree of choice.(9) The response to international negotiations: in the agricultural intellectual property rights negotiations, the government should review advancely, and find out the real situation and potential conflict, select the appropriate level of protection, and integrated with some exceptions, the transition period, the industrial adjustment fund, tariffs and export quotas and other preferential terms for camera decision.(10) the importance of environmental performance: in the agricultural intellectual property rights in international trade, to take the green environmental protection to mandatory fallback(fast review system + invalidation system + additional statutory license + compulsory license) agricultural technology cooperation in international trade.(11) the internationalization vision response under global environmental governance : the environment of global governance and ecological benefits by "multiple collaborative international regional organization + International Convention" to the establishment of agricultural intellectual property global ecological review mechanism and early warning mechanism of ecological environmental protection technology and seek international sharing.And put relevant content of environmental protection to design the legal system of agricultural intellectual property rights.
Keywords/Search Tags:The agricultural intellectual property, performance evaluation, economic performance, environmental performance, conflict and coordination, policy recommendations
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