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Researches On Inter-Organizations' Intellectual Property Economic Cooperation & Transaction Models And Mechanism

Posted on:2011-09-02Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z Y WangFull Text:PDF
GTID:1119360305966737Subject:Management Science and Engineering
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Intellectual Property (IP) is not only the natural result and positive creation of the society, economy and culture, but also is the unceasingly propelling catalysis and important support of them. By comprehensive understanding of present different concepts of IP, the dissertation considers that IP is the exclusive rights from the result of individual's or organizations'mental activities, including the special marks originated from various businesses'dominated activities. it is also the object and factor of economy and management.From the view of economy and management, IP is one of the production factors juxtaposed with other properties. Furthermore, in the era of Knowledge Economy and Low-Carbon Economy, its status becomes more distinguished. Theoretically, the models of IP's Creation, Protection, Management and Utilization are varied, but this dissertation recognizes that Inter-Organizations'Intellectual Property Economic Cooperation & Transaction (IOIPECT) are the fundamental steps of IP's Creation, Protection, Management and Utilization. In addition, the inner micro-organizations'IP problems, such as inner enterprises', inner universities'and inner institutions', are normally paid closely attention, we should "jump out organizations", "brake through the borders", and implement special and deep research on the problems of Inter-Organizations'Intellectual Property. IP not becomes the object of IOIPECT, but forms the link of IOIPECT, and there is both theoretical and practical sense of the research on IOIPECT. Concerning the structure of this dissertation, it firstly discusses the problems of Inter-Organizations'IP Economic Cooperation and Inter-Organizations'IP Transaction separately, and in a certain degree, consider Inter-Organizations'IP Transaction is also a special kind of Inter-Organizations'IP Economic Cooperation, and then holds an integral thought of IOIPECT from the aspect of IP public policy analysis.In the part of Inter-Organizations'IP Economic Cooperation, the dissertation defines Inter-Organizations'IP Economic Cooperation as one or more organizations which participate(s) the cooperation based on IP factors and propel(s) Inter-Organizations'different resources'optimized allocation for all cooperated organizations'common economic development. Inter-Organizations'IP Economic Cooperation is a process with both coordination and competition. Furthermore, the racing and balanced cooperated organizations'development situation promotes sorts of models of Inter-Organizations'IP Economic Cooperation. First, the dissertation uses maps and other showing tools to describe the models of practical Inter-Organizations'IP Economic Cooperation carefully, including international, regional, patent pool, copyright alliance, trade mark franchise, crossing permission's analyses. From the views of characters of IP and its macro-management systems, IP broadcasting and proliferation, self-organization theory, outer resources and organization communication, the dissertation tries to crack the motive power and mechanism of Inter-Organizations'IP Economic Cooperation. In the views of adverse selection, moral hazard, "hold-up", bargaining, fair and reciprocity, institution designing, the dissertation decomposes the problems and their origination of Inter-Organizations'IP Economic Cooperation. With the guidance of fundamental management theory, it also mines the managerial elements of Inter-Organizations'IP Economic Cooperation. Additionally, with the example of IP Dynamic Alliance gambling analysis, the dissertation studies the risk control in a certain side, and reveals that each cooperated organization could control risks well and reach equilibrium by bargaining and tacit agreement in the process of residual assets allocation. Lastly, the dissertation combines typical case discussion to propose several principles for maintaining Inter-Organizations'IP Economic Cooperation.In the part of Inter-Organizations'IP Transaction, the dissertation holds the point of view that Inter-Organizations'IP Transaction is the economic transaction of IP, and the goods and services with IP elements via money or currency. To begin with, the dissertation attempts to draw the fundamental models and patterns of Inter-Organizations'IP Transaction, and points out that price competition, supply-demand equilibrium, monopoly, gambling rules, value maximum are functional power behind Inter-Organizations'IP Transaction. Overall, the core aspect is to reach simplicity, process optimization, and IP value full excavation to the participators of Inter-Organizations'IP Transaction. It does research in IP assets value assessment through the whole procedure of transaction process, and separately discusses the patent, copyright, trademark's assets value assessment based on general analyses. By inter-organizations'asymmetrical information analysis, this dissertation discusses Inter-Organizations'IP gambling, incomplete contract, and barrier, etc, designs computer copyright transaction's pirate and non-pirate gambling models for deeper research at the same time. To investigate Inter-Organizations'IP Transaction risks by economic and managerial paradigms, the dissertation holds the view that the risks can be prevented and governed by positive measures, and promotes some initial tactics for avoiding the risks. To retrospect Inter-Organizations'IP Transaction, the dissertation considers that IP's creation is a kind of continuous process, and it also has production and reproduction activities in the process. Furthermore, the dissertation probes into the problems in market structure, marketing, and market supervision of Inter-Organizations'IP Transaction.In the part of comprehensive thought, the dissertation deems that IP is private property on the one hand, but IP as the target of public policy is not a new or mysterious topic, for the reason that IP is still a target and an organic part of public policy since the very beginning of IP institution established (originated in Venice in 15th century by general recognition). It could be said the IP is not naturally as IP, and IP is the positive or non-automatic design by public policy. Then the dissertation presents some countermeasures for IOIPECT with the analyses on benefit equilibrium, policy steps, self-feedback, etc.The innovation in this dissertation is as follows. Firstly, the dissertation regards IP as the important object and element of economy and management. It "jumps out organizations" to implement economics, management science, law and philosophy's paradigm and methods in issues of IOIPECT for integrated research. Secondly, though the Inter-Organizations'Intellectual Property Economic Cooperation and Transaction are narrated separately, the dissertation considers that they have the logical links each other, and tries to look for the rules, mechanism and countermeasures behind phenomena. Lastly, the dissertation strives to deal with and get rid of "IP mystery". With the paradigm of public policy, it considers that IP is not only a negative design of public policy, but should be the adjustment target and active choice of public policy. In order to promote the development of IOIPECT, the international, domestic IP policy systems'reform, and the micro-organizations feedbacks ought to be changed or administered.To do research on IOIPECT models and mechanism can help us continually retrospect the rationality and effectiveness of present patterns of IOIPECT, realize that IP is not only individual, unique organization's resource, and inter-organizations'race or monopoly rider, but also is the link and bridge of inter-organizations'harmonious development. In fact, IP production activity is one of the organic elements of general production activity, and IOIPECT are placed into IP production so as to serve and keenly propel IP reproduction activity:Creation, Protection, Management and Utilization.In addition, from the view of dynamic development and future research's trends, IOIPECT is a continuously natural process, its rules and mechanism should be researched further.
Keywords/Search Tags:Inter-Organizations, Intellectual Property, Economic cooperation, Transaction, Model, Mechanism, Public policy analysis
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