知识产权法的制度创新本质与知识创新目标

Essence of Institutional Innovation and Purpose of Knowledge Innovation of Intellectual Property Law

创新是知识产权法的历史过程与时代使命。知识产权法的创新意义,表现在其本身的制度创新与所追求的知识创新两个方面。知识产权法产生、变革和发展的历史,即为科技、文化创新与法律制度创新相互作用、相互促进的历史。理想的知识产权制度应是持续激励创新的制度,也是自身不断创新的制度。现代知识产权法存在可能发生的"制度风险",影响或制约着创新发展目标的实现。国家与社会事务的管理者具有"政治企业家"的角色担当,作为创新制度的最大供给者,应在知识产权法的主体意识层面、制度设计层面以及社会运行层面作出理性反思和积极应对。

Innovation is considered the historical process as well as the purpose of the development of intellectual property law. Innovation in intellectual property law has two aspects of meaning, i. e. , innovation in the institution itself and innovation in the knowledge pursued by the institution. The his tory of the emergence and development of intellectual property law is also a history of interaction and mutual promotion between science and technology, cultural innovation and system of law. Though in novation has been seen as the essence of intellectual property law, the law has some inherent ＂institu tional risks＂ because its natural endowment for innovation is subjected to the international influence of economic globalization and challenged by knowledge revolution in the contemporary society. An ideal intellectual property right system should be a system that continuously inspires innovation while at the same time continuously innovates on itself. The administrators of state and social affairs should play the role of ＂political entrepreneurs＂. As the main source of innovation system, they should make ra tional reflections on and active responses to the existing problems at the levels of subject conscious ness, institutional design and social operation. In the historical development of innovation, intellectu al property law has always been treated by modern states, such as the United Kingdom, the United States and South Korea, as the model law for promoting intellectual innovation and as an institutional civilization that forms part of the national strategy during periods of social transition. Currently China is becoming a world power. As such, it should pay attention to institutional building and policy im provement and take intellectual property right as ＂the driving force of innovation and development＂ in its fundamental strategies.