近代中国知识产权制度安排的效率与失灵

Efficiency and Failure of Knowledge Property Right System in Modern China

从19世纪80年代中期开始,中国开始了经济近代化。过渡型经济形态的本质特征,决定了近代中国呈现双重过渡:经济发展水平提升和经济制度变迁。作为移植于西方的近代知识产权制度,一定程度上提高了人们的自主创新意识和知识产权保护意识,促进了技术进步和工商业的发展。正式制度与非正式制度之间的不均衡、正式制度之间的不均衡、制度交易费用的昂贵、私有财产的保护不力、传统做法的延续、仿造与知识产权制度的抵触、移植性供给的被迫性和不彻底性、激励措施的失效及创新精神的轻视是导致知识产权制度失灵的原因。

China had begun economic modernization since the mid 1880's. The essential character of the change is a kind of dual transition: advancing both in the level of economic development and economic system. With the transplanting of western system of knowledge property right, people began to recognize the importance of self innovation and knowledge property right protection, which had promoted technological progress and the growth of manufacture and commerce. But it was some causes that lead to the failure of the system, including the imbalance between formal and informal institutions, between the formal institutions, higher transaction cost under the institutions, weak private property protection, the continuing of the old manner, the conflict of imitations against the knowledge property right, passiveness and imperfection of the transplanting, and the failure of stimulations and underestimation of innovation spirit.