TPP语境下版权保护期限的经济分析

Economic Analysis of Copyright Protection Term under the Context of TPP

在TPP影响日益扩大的情况下,中国据其采取相应的对策已经不可避免。由于美国主导下的TPP对知识产权领域的重视以及美国和中国在版权保护期限上的明显差异,中国在TPP语境下面临着是否延长版权保护期限的困境。文章基于预期效用函数理论,建立了版权保护期限对社会总体福利产生影响的线性模型,并据此对不同的版权保护期限产生的经济影响进行相应的分析。根据分析结果和现实的版权保护期限互相印证,可以发现过长和过短的版权保护期限均会损害社会总体福利,而且欠发达社会的最佳版权保护期限要短于发达社会。因此,中国作为发展中国家的一员,虽然在经济建设上已经取得了相当的成就,但在创意产业方面仍然落后于欧美日等创意产业发达的国家,应当采取的最佳版权保护期限肯定要低于欧美日等发达国家。中国不能为了加入WTO而盲目迎合美国的版权保护期限标准,而必须根据自身的经济利益确定是最适当的版权保护期限。

Facing the growing influence of TPP, China must take corresponding countermeasures according to this. Because of the attention of the United States under the auspices of the TPP to the field of intellectual property rights as well as the obvious differences between the United States and China in the copyright protection term, in TPP context, China is facing the dilemma of whether to extend the copyright protection term. In this paper, based on the theory of expected utility function, the linear model is established for the copyright protection term which has an impact on the total society welfare, then the economic impact of the copyright protection term has been analyzed. Since the corresponding analysis result of the copyright protection term and reality can be referred to each other , it can be found that too long or too short copyright protection term will damage the social welfare and the best copyright protection term of the less developed society should be shorter than that of the developed society. Therefore, Chinese as a member of the developing countries, although has made great achievements in the economic construction, but in the creative industries are still behind developed countries, such as Europe, United States and Japan. So the best copyright protection term of China must be shorter than that of the developed countries such as Europe and United States. China can not blindly cater to the standards of American copyright protection term in order to join the TPP, but must determine the most suitable copyright protection term based on its own economic interests.