A Study on Three Dimensions of Legal Protection of Intellectual Property Rights

Abstract

The legal protection of intellectual property (IP) rights encompasses three key dimensions: private rights protection, state governance, and international coordination. At its core, IP represents private rights that individuals lawfully enjoy over the outcomes of intellectual endeavors. The subject matter of these rights is specific information produced through intellectual innovation or business operation. Abuses in the operation of this system, such as preemptively acquiring information resources and packaging them as subject matters of IP for profit, should be corrected. Due to the intangibility of information, IP rights protection typically requires first determining the boundaries of the protected subject matter, followed by timely and adequate remedies for rights holders. This necessitates not only specialized, convenient rights confirmation but also fair and efficient enforcement provided by administrative and judicial agencies. The characteristic involvement of public authority based on the principle of “disclosure in exchange for protection” has turned the IP system into a state governance tool. Moreover, IP rights protection is closely tied to international trade, a field governed by numerous international treaties. The progress on the rule of law should not be divorced from domestic practice. Instead, it should adhere to the principle of territoriality, and incorporate the principles of economics, sociology, and other fields to pursue a win-win path for coordinated development between domestic and international rule of law.

Keywords

intellectual property (IP) / rule of law / private rights / governance tool / international coordination

RIGHTS & PERMISSIONS

Higher Education Press