| Since 1980's, the theory of new economic development has been put forward by some famous professionals and economists who consider the economy's development relying on accumulation of capital has changed to accumulation and renewal of knowledge , and knowledge has become the most important productive factor and the key of continuous development of economyIn 1990s a research institution of UN was the first to use the concept 'knowledge'.The Organization of Economy Cooperation and Development suggested in 1996 in the report of science and technology and the prospect of industrial development that the economy based on knowledge should be the one directly founded on the production , distribution and use of knowledge and information. The concept of knowledge economy was used by the USA government in 1997 and by the World Bank in 1998 and they claimed that the world is now entering the age of knowledge economy.Since the late 1990s,developed countries, like USA, have fulfilled 50%of GDP through knowledge economy. Some experts predict that with the opening of global information highway, the contribution rate of knowledge economy t economic development can possibly be raised to 90% from 5-20% at the beginning of this century. The key of the knowledge economic development lies in knowledge innovation. And the intellectual property system is the system that encourage and protect knowledge innovation. It prides the innovative obligees with a certain period of monopolistic right to get back the large investment and the profit, from it, therefore, to promote economic development. The establishment of intellectual property legal system provides legal basis for 'knowledge' moving towards 'right'. It gives full play to the value of intellectual property and help people who owned intellectual property to achieve maximum profit. Thus bringing people's enthusiasm in innovation into full play.Nevertheless, in the author's opinion, the continuously increasing protection of the world intellectual property is counteractant and harmful to the society in some aspects. Intellectual property is the means of protecting an obligee's economic profit, instead of the means as payment by which intellectual property makes its creative achievement public so as to promote creative power through requiring a certain period of monopolistic right. The contradictions between developed countries and developing countries grow in breadth and in depth, and the development gap between the rich and the poor becomes wider because of the increasingly serious monopolistic problem in intellectual property field and immoderate behavior of the government in protecting intellectual property.The previous views are studied by the author in four following aspects: Firstly, the proposal of monopolistic problem and the form of expression monopolistic behavior in intellectual property area . Beginning with the basic theory and concept of monopoly, and monopolistic and anti-monopolistic problem in intellectual property raised from Microsoft monopoly case. Further study has been made of concrete expression of monopolistic behavior in intellectual property area. This part provides a theoretical framework for the following analysis.Secondly, the necessity and the urgency of antimonopoly in intellectual property, intellectual property is legal monopoly by itself. Intellectual property has double relation with economic competition. It reflects the contradiction between the individual benefit of those who own intellectual property and the public welfare of the society. Because of over protection of intellectual property, the monopoly of knowledge and technology has been the main increasing point of economy in the developed countries, restricted competition and even innovative activities. As a result, the poor countries cannot share the benefits of the new technology. The author suggests that the government should establish as soon as possible the national antitrust law and rules in intellectualproperty area.Thirdly, the author studied the legal system of... |
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