介于产权规则和责任规则之间的知识产权集体管理组织

Collective administration organizations of IPRs as an intermediate mechanism between property rule and liability rule

传统的法经济学理论认为,保护个人权利有两种替代的方式,即要么产权规则的保护要么责任规则的保护。本文在分析这两种保护方式在知识产权领域中的应用及其存在问题的基础上,考察了知识产权集体管理组织,指出这种新型的知识产权保护方式的有效性,来源于其介于产权规则和责任规则之间的性质,并揭示了其公共管理蕴含。

According to the traditional theory in law and economics, there are two alternative mechanisms to protect personal entitlements, i.e. either by property rule or by liability rule. Based on the analyses of the problems in the application of these two rules in the field of IPRs, this paper at first investigates a new kind of IPRs protection mechanism, i.e. collective administration organizations of IPRs, then points out that its efficiency rests on its intermediate quality between the two traditional rules, and finally reveals its implication for public administration in general.