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Independent Innovation and Intellectual Property Rights LI Hua-wei (School of Management, Wuhan University of Technology, P.R.China, 430070) Abstract: This article mainly presents an analysis of the relationship between independent innovation and intellectual property rights. First of all, it briefly introduces the theory about innovation and intellectual property rights separately. Then considers how to define the independent innovation according to the reality. Though the logical illation, it concludes that there is tightness linkage between the two. Key Words: independent innovation; technological innovation; intellectual property rights 1 Introduction In the era of knowledge-based economy, competence among nations is the real competition of comprehensive national power (CNP), but the key is the competence of science and technology strength, and fundamentally speaking, it is the competence of intellectual property rights. The protection level of intellectual property rights is related to various aspects such as science and technology, law and economy and so on. It has effect on the status of the nation’s international competitiveness. Specially, after the entry to the WTO, how to consummate in the aspect of innovation, application, protection and talent of intellectual property rights deserves paying much attention to. However, considering the theoretical achievement and the research nowadays, most of the experts put the emphases on the research of intellectual property rights or innovation, while left behind their study on the relationship between intellectual property rights and independent innovation directly. In fact, intellectual property rights just rely on the independent innovation ability. 1.1theory about innovation Since the nineteenth century there has been three main theories of innovation: the entrepreneur, the technology-economic, and finally the strategic. Each of these can be linked to a respective stage in the third, fourth and fifth Kondratiev wave, and paradigm shifts occur at key stages in these waves. As the fourth Kondratiev wave began, a paradigm shift occurred in economic and sociological writing on innovation, which put the emphasis squarely on technology as the driving force behind economic development. This “technology-economic” paradigm, which emphasis technological development as the instigator of growth and largely ignores the role of the market place in innovation, has been dominant ever since. However, Sundbo (2001) argues that the strategy theory of innovation is becoming the new paradigm of innovation, competing with the other two for dominance. Innovation is defined relatively conventionally as the first business use of something new which results in commercial gain, and includes produce, process and organizational innovation as well as “a new type of marketing or overall behavior on the market”. Such opinion mentioned above is in favor of understanding of “independent innovation”, which shows in the following text. 1.2theory about intellectual property rights In the current debate about whether, and to what extent, intellectual property rights should apply to the information society, many philosophers, non-philosophers, especially law professors working in the area of intellectual property rights have found Locke’s classic theory of property to support their respective positions, such as Child (1997), Moore (1997), Gordon and Drassinower’s etc. We all know, as time goes by, the theory about intellectual property rights is not limited within the narrow area, but expanded to larger space. Correspondingly, the scholars contend that the consequences of such expansion will suppress innovation in cyberspace. The effort to extend property rights has been aptly called the “enclosure” movement. Enclosure happens when a lengthy proprietary right is assigned to an intellectual work or some other form of common property so that it becomes unavailable to the public unless they are willing to pay something like a licensing fee. The extension of property rights to the human genome is often cited as an 196 illustration of how common property, belonging to everyone, can become subject to “enclosure”. This bias toward stronger exclusive rights is both worrisome and a potential threat to our free society. So, in order to make correct use of intellectual property rights to boost the development of the society, we need to research on the essence of intellectual property rights, and look on the ones without fear or favor. Herein lies the importance of innovation and intellectual property rights towards advancement of the society and the countless ties between them, some economists analyzes the relationship between technological innovation and intellectual property rights, but none of independent innovation and intellectual property rights. Due to the absence of relevant theory, this study will do further research on independent innovation and intellectual property rights from the theoretical point of view. 2 Definition of Independent Innovation 2.1 Background Since reform and opening up, China's economy has been developing rapidly with tremendous achievements in foreign trade. In 2004, the total import and export volume of China exceeded US$ 1.1 trillion. The country's trade volume jumped to the third in the world, bringing its foreign trade up to a new level. Speaking of the rate of development, the world trade has increased by 6.4 times from 1978 to 2004 with an average annual growth rate of 6.6%; while China's trade has increased by 56 folds with an average annual growth rate of 16.8%. Since China's WTO accession three years ago, its import and export scale has doubled. While achieving quantitative growth, we have also improved substantively the quality of foreign trade. Since the implementation of the strategy of rejuvenating trade through science and technology in 1999, the trade in high-tech products has been developing rapidly, with the import and export volume registering an average annual growth rate of 37%. The share of export of high-tech products in the total foreign trade has climbed to 28%, more than doubling that of 1998. This year, the total import and export of high-tech products is expected to reach US$ 400 billion. A number of well-known brands and enterprises with proprietary intellectual property such as Huawei, Haier and Changhong have emerged quickly, and the export scale and scope of high-tech products is widening with every year. The constant development of China's foreign trade in high-tech area has not only promoted development in the high-tech sector, accelerated industrial restructuring and technological progress, but also opened an enormous new market to the rest of the world.[1] In such circumstances, how to enhance the independent innovation ability and gain the intellectual property rights advantage bulked important in the aspect of sustainable development day by day. From above, apparently, “independent innovation” is such a conception put forward by our country according to the development of economy and the society. It is quite different from the notion technological innovation. 2.2 Discussing about Definition The contents of independent innovation defined in the State Medium-Long Term Science and Technology Development Programming include original innovation, integrated innovation and importing-digesting-absorbing re-innovation.. Independent innovation refers to pay much attention to digest and absorb the imported technology, at the same time, following and participating in original innovation or integration innovation. At the certain degree, the definition above is just the combination of independent innovation and imitation innovation in traditional technological innovation theory in fact. It enlarges the intension of primary independent innovation, emphasizes independent principle. And the key of independent principle is to stick to give priority to me, take pivotal technology in hand, while command the authority of control and initiative. Such a inimitable meaning mainly comes from “independent”, that is to say, “who is the executor of independent”, “how to independent” and “the degree of independent”? First, “who is the executor of independent”? From the state aspect, the executor of independent should be the Chinese citizen (natural person) or Chinese-funded enterprises, or considering the capital structure, should be the legal person or impersonal entity that foreign capital does not occupy dominant —— 197 status. Second, “how to independent”? On one hand, it includes the innovation activity leaded by the executor of independent and the achievement brought by the innovation. On the other hand, it includes the innovation achievement of foreign natural person, legal person or impersonal entity purchased by the independent domestic natural person or legal person. While it should avoid the effect brought by primary possessor and realize the commercial value of innovation achievement. Finally, how to understand the degree of independent? The problem of the degree of independent refers to whether the innovation achievement relies on the country itself or depends on foreign supply. Since the trend of economic globalization and technology globalization leads that each country cannot satisfy itself in innovation achievement on the base of one’s strength entirely, the dream that the country want to rely on oneself to achieve innovation achievement will be difficult to realize. International comparative research shows that, different phrase of economy development has different demand of science and technology, especially science and technology of one’s own country. (As shown in table 1) Table 1 Phrases of Technological Innovation Industrialization phrase Average GDP R&D/GDP Innovation phrase Before-industrialization phrase First-industrialization phrase Second-industrialization phrase After-industrialization phrase <300 dollars 300 2000 dollars 2000 4750 dollars >4750 dollars 2% giving priority to creating technology >2% giving priority to creating technology <1% giving priority to using technology ~ 1%~2% giving priority to improving technology ~ At present, China is in the process of first-industrialization phrase, and demand of science and technology should come into the phrase of giving priority to digesting, absorbing and improving technology. Therefore, when emphasizing independent innovation, we should avoid endowing it with innovation nationalism, or pursuing self-dependence on the knowledge creation, pervasion and application while denying specialization of the country in knowledge creation, further more, denying reliance within each country in innovation capacity. Besides, nowadays, technological development and production mode is turning into module technology and module production day by day. Thus, it brings infinity opportunity to developing country. For one thing, because the design and improvement of each module can be conducted separately, each country will bring their own advantage into play in order to realize module innovation and obtain business profit. For the other thing, the country also can obtain business profit through module combination mode innovation. Accordingly, the degree of independent innovation should contain three kinds of innovation: original innovation, integrated innovation and importing-digesting-absorbing re-innovation. From above, we can conclude that independent innovation refers to Chinese citizen (natural person), legal person or impersonal entity seise and control the innovation achievement through the innovation activity dominating by itself. The innovation achievement not only includes the one which imported by foreign country, then digested, absorbed and re-innovated by ourselves, but also includes the one integrated by different innovation achievement and satisfying our demand. Moreover, it means the innovation activity carried by the enterprise, area, industry or country to gain long-term competitive advantage through making great efforts to achieve innovation achievement and entire or part dominant property rights. Whether the definition of independent innovation put forward according to the situation of China is exact, it needs to be proved. 3 Relationship between Independent Innovation and Intellectual Property Rights Independent innovation is the comprehensive activity of technology and economy. It is not only the definition in the range of simple technology, but also the definition emphasizing particularly on economy. The stress is commercialization from technology to new product. Intellectual property rights refer to the rights that the persons own by law towards their creationary brainwork fruits. No matter the protection of trademark, copyright, patent, or technology secret, it is the problem that who own the innovation achievement, how to use and how to distribute the benefits. Independent innovation needs 198 the protection of intellectual property rights, while to gain intellectual property rights advantage also needs the promotion of independent innovation activity. The two accelerate with each other. 3.1 Independent Innovation Brings along Intellectual Property Rights 3.1.1 Independent innovation and its achievement are the core and basic of the linkage between independent innovation and intellectual property rights. Considering the logic relationship, it is that the knowledge innovation comes into being firstly, then the intellectual property rights. On one hand, in the linkage between independent innovation and intellectual property rights, the former is the core and basic. On the other hand, the behavior that intellectual property rights system protects the independent innovation achievement is for the sake of promoting independent innovation in the final analysis. Thus it can be seen that independent innovation brings along the development of intellectual property rights system and the acquirement of advantage. The first patent in human history appeared in Venice in 15th century. The government decided to award originator a certain monopoly in order to promote the technological development and protect its advanced industry and commerce. For example, the government authorized a man who invented the lift pump. Here, the lift pump is the achievement of independent innovation, while the monopoly is intellectual property right. When conduct the relationship between independent innovation and intellectual property rights, we must pay much attention to the former, for it is the main aspect of the contradiction independent innovation VS intellectual property rights. 3.1.2 Independent innovation and its achievement enrich and enlarge the content and form of intellectual property rights. For instance, because the semiconductor integrated circuit developed rapidly, USA took the leading in formulating the law about the protection of layout of semiconductor integrate circuit. Besides, the protection of computer program, reprography equipment and etc. also came into being going with the development of science and technology. USA has already used copyright law to protect computer program early from 1980. Independent innovation becomes the mostly power of economic increasing day by day due to extending influence of science and technology, therefore, many new right carrier and fortune headspring emerged. The achievement of independent innovation enriches the intellectual property rights resources and expands them to the new field. It is just in favor of the formation of intellectual property rights resource advantage. 3.2 Intellectual Property Rights Promotes Independent Innovation 3.2.1 Intellectual property rights system is the power and guarantee of independent innovation. Intellectual property rights system has effect on the process of independent innovation. Intellectual property rights system leads the innovation so as to collocate innovation resource effectively; it impels relative innovation executors to observe the innovation rules in order to ensure their benefits; it promotes the executors to obtain new knowledge, new technology and new technics so as to realize industrialization of the innovation achievement; and it inspires the enthusiasm of independent innovation. As we all know, different intellectual property rights system has different impact. Among them, encourage investment type of intellectual property rights system is propitious to independent innovation even more. 3.2.2 Intellectual property rights resource is the start and end of independent innovation. Intellectual property rights resource is provided with three functions towards independent innovation. Conformity function: Independent innovation not only needs great capital devotion, but also needs cooperation of the group. Independent executors can make full use of the advantage taken from intellectual property rights resource to form the participating benefit-pattern and ensure the progress of innovation activity. Inspiriting function: The advantage brought by intellectual property rights resource will inspirit much more invention radically. This becomes the effective inspiring, thus innovators will be likely to enhance quality, improve service, and pay much attention to new technological R&D, so as to create new intellectual property rights resource advantage to form good cycle circumstances. Steering function: Intellectual property rights resource goes through the whole process of independent innovation, leading independent innovation activity to win new advantage. —— ① ② ③ 199 4 Conclusion After studying meanings of both the independent innovation & the intellectual property rights, we can conclude that there is a linkage between the two aspects, which refers to producing continual relations and mutual impact between them. The relationship between the independent innovation & the intellectual property rights shows below: IP system promote IP resource independent innovation Bring along Figure 1 Relationship between Independent Innovation & Intellectual Property Rights References [1] http://www.examda.com [2] Richard A. Spinello. The Future of Intellectual Property. 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Technology Management, 19(1/2): 59 .. . .. . . . . .. , . .. . 200 ,