The hottest innovation and intellectual property p

Innovation and intellectual property protection

in the rapid development of China's economy, the topics of innovation and intellectual property have particularly attracted the attention of scholars and macro management decision makers. So what is innovation? What is its connotation and extension, and what is the relationship between innovation and intellectual property

some scholars believe that intellectual property is a bridge to promote China's modernization by providing intellectual property protection to innovators. (Note: Liu Chuntian's speech at the "Innovation: intellectual property and China modernization forum", hosted by Renmin University of China and Philips Corporation, June 2005.) This discussion sets

innovation and intellectual property as both, that is, innovation is set as the premise, and the intellectual property system is set as the institutional means to protect innovation, promote innovation and encourage innovation. In the relationship between innovation and intellectual property, innovation is an important basis for the formation of intellectual property as a right, and the intellectual property system that came into being has in turn become an important guarantee to encourage innovation. Some scholars also believe that the concept of innovation is a process of continuous development, and that innovation itself refers to the introduction or production of something new and cause change. At the same time, innovation is divided into three types: technological innovation, management innovation and institutional innovation. (Note: Cheng Siwei: "economic lecture hall", October 13, 2005.) In its discussion, intellectual property is included in institutional innovation, and intellectual property is a part of institutional innovation. Here, innovation has been the concept or upper concept of using aluminum alloy cables for national security such as the United States for several decades, and intellectual property rights have been absorbed in the process of its evolution. In fact, this paper believes that these two views are different from the perspective of the concept of innovation, such as its micro and macro perspective. Decision makers further believe that innovation is the soul of national progress and the inexhaustible driving force for national prosperity. The key to comprehensively implementing the strategy of rejuvenating the country through science and education and accelerating the scientific and technological progress of the whole society is to strengthen and continuously promote knowledge innovation and technological innovation (Note: Jiang Zemin's speech at the National Technological Innovation Conference of the State Council, 1999), The future competition of the world is the competition of intellectual property rights (Note: Wen Jiabao's speech during his inspection of large enterprise groups such as Haier, Hisense, Tsingtao beer, June 2004). These statements show that decision makers regard innovation as a core, and knowledge innovation and technological innovation belong to different links of innovation. To pursue this core is actually to explore the driving force of China's economic development, or to explore the endogenous force to promote China's current economic development and pursue the sustainable development of the future economy. Therefore, the topic of decision makers is far above legal research, with an increase of 125% over the previous year

in front of many theories, this paper only attempts to describe the development context of innovation and the relationship between innovation and intellectual property rights, and discusses the initial development link of innovation: the existence of small traditional knowledge and the neglect of intellectual property protection of small traditional knowledge by society

I. tentative description of the dynamic process of innovation concept

when it comes to innovation, people are used to connecting technology and innovation. In fact, technological innovation is only one of the aspects covered by the concept of innovation. For the discussion of the concept of innovation, it is often the connection between different words and innovation, such as ideological innovation, scientific innovation and so on. Scholars have also defined a variety of innovations from the perspectives of economics, sociology and philosophy. For example, some scholars believe from the perspective of sociology that innovation is a kind of outstanding achievements made in the production and labor practice of human society that have a long-term and huge role in promoting and accelerating human social progress and human development. Innovation in ontology is a process of systematic development and structural optimization. (Note: chenyuhe: "the concept of innovation, the occurrence of innovation and the mode of innovative education", published in coal higher education, March 2001, P. 69.) The meaning of innovation in economics is to establish a new production function and introduce a "new combination" of production factors and production conditions into the production system. Therefore, the "innovation theory" of economic development refers to the process of economic development that constantly realizes this new combination. (Note: Lin Jing: "epistemological significance of innovative concept entering the domain of philosophy of science", published in Journal of Northeast Normal University (PHILOSOPHY AND SOCIAL SCIENCES EDITION), 2004, issue 5.) These generalizations are meaningful, but we still try to separate innovation from its prefix, starting with the original meaning of innovation

in essence, innovation actually refers to two meanings: one is to put aside the old and create new. Second, it refers to creativity, innovation, etc. (Note: quoted from modern Chinese dictionary, published by the commercial press in 1996, P. 198.) In these two meanings, the former tends to refer to macroscopically, which implies spirit and has more abstract meaning, while the latter points to tangible objects, which are often combined with the evaluation index of specific things. When discussing the relationship between innovation and intellectual property, we pay more attention to the meaning of the previous level, that is, the innovation in multiple levels and meanings that China needs today, and how to improve the existing intellectual property system and strengthen intellectual property protection to encourage innovation. The latter can be covered by the right attributes of existing intellectual property rights, such as the originality of copyright claims, the creativity of patent claims, etc., so this paper will not focus on it

focus on the first meaning, put aside the old and create new, that is, innovation in the macro sense. Innovation actually reflects a dynamic process from nothing. In this process, we should first produce a spiritual blueprint and will, then start to implement this will, and improve it many times until we get the results. Finally, when the whole result is generally accepted by people and forms a social phenomenon, the system will be born. We should regulate and adjust this new social phenomenon, abstract universal rules from it, and establish corresponding punishment measures for violations of the system. Analyzing this dynamic process, the process of innovation is actually a dynamic combination of knowledge innovation, technological innovation and institutional innovation. Combined with the dynamic process of the concept of innovation, we can sort out the existing definitions of innovation

The concept of innovation was first proposed by Schumpeter in his book economic development theory in 1912. When he put forward this concept, he mainly took enterprises as the research object and conducted in-depth research on the interactive relationship between technology and economy. This concept is also considered to be the originator of technological innovation. (Note: Liu Qingyou, bu Linhua, Zou Weidong: "on the concept, principle and mode of enterprise technological innovation", published in science and technology and management, 1999, issue 1, page 60.) This is also one of the reasons why people first think about technological innovation when they mention innovation. Therefore, the concept of technological innovation is well discussed. In 1962, Eros pointed out that technological innovation is the result of the synthesis of several behaviors. And technological innovation is a practical activity that enterprises, as the main body of innovation, change the form of innovation topics and realize market value through certain intermediaries under the conditions of innovation environment. (Note: Ouyang Jianping, Cao Zhiping: "overview and definition method of technological innovation", published in Journal of Central South University of Technology (SOCIAL SCIENCE EDITION), December 2001, P. 350.) Freeman, a British scholar, believes that innovation includes technology, design, manufacturing, management and commercial activities related to the sales of new products (or improved products), new processes (or improved processes), and the first commercial application of new equipment. American scholar Muse believes that technological innovation is a meaningful discontinuous event characterized by its novelty of conception and successful realization. The National Science Foundation (NSF) believes that technological innovation is the introduction of new or improved products, processes or services into the market. Fu Dingji, a Chinese scholar, believes that technological innovation means that entrepreneurs seize the potential profit opportunities of the market, reorganize production conditions and factors with the goal of obtaining commercial interests, establish a production and management system with stronger efficiency, higher efficiency and lower cost, so as to launch new products, new production (process) methods, open up new markets, obtain new sources of raw materials or semi-finished products, or establish a new organization of enterprises, It is a comprehensive process including a series of activities such as science and technology, organization, commerce and finance. According to the official definition of the Chinese government, technological innovation refers to the application of innovative knowledge, new technologies and processes, the adoption of new production methods and management modes, the improvement of product quality, the development and production of new products, the provision of new services, the occupation of the market and the realization of market value. (Note: Miao Zhan: "Research on the concept of technological innovation", published in Yunnan Science and technology management, Vol. 5, 2001, P. 23.)

from the above definitions, it is not difficult to see that scholars often mix the dynamic process of innovation, knowledge innovation, technological innovation and institutional innovation together for different interpretations, and collectively refer to all levels of innovation as the concept of technological innovation. In terms of the definition of pure technological innovation, the official definition of British scholar Freeman and Chinese government is more appropriate. And the definition of American scholar Muse is most in line with the thinking of this paper on the dynamic completion process of innovation. This paper believes that innovation is the whole dynamic process of the realization of technological means of knowledge innovation in practice and the final formation of social systems. Knowledge innovation, technological innovation and institutional innovation are important links in the occurrence, development and completion of innovation activities, and are indispensable components in the definition of innovation. The dynamic combination of the three constitutes innovation in a complete sense. When discussing the relationship between innovation and intellectual property, we must combine the three together to analyze. The relationship between innovation and intellectual property is actually the whole process from knowledge innovation to the final formation of intellectual property system. If intellectual property is understood as a legal concept, knowledge innovation is the basis for the existence of intellectual property rights. If intellectual property is understood as a system, it should be said that the establishment of intellectual property system is human knowledge innovation. Scientific innovation and management innovation belong to various fields, and there is no legal connection with intellectual property

two systems of knowledge innovation

among the three levels of innovation, knowledge innovation is the most important level of innovation, the "fire of wisdom", the source of water and the foundation of wood. Knowledge is human's basic understanding of the objective world. Some scholars believe that the first combination of knowledge innovation words is the trademark "knowledge innovation" - knowledgeinnovation registered by entovationinternational more than a decade ago. (Note: Ma Chi et al.: "also on 'knowledge innovation'", published in East China Science and technology, 1998, Issue 9, page 23.) The first combination of knowledge innovation appears in the vision of intellectual property, which seems to indicate that knowledge innovation calls for the innovation of intellectual property system. It is generally believed that the complete definition of knowledge innovation is the opinion put forward by Idon, a scholar who graduated from Massachusetts Institute of Technology (MIT) in 1993. He believes that knowledge innovation is to transform new ideas into marketable products and services through creation, evolution, exchange and application, so as to achieve business success, national economic revitalization and overall social prosperity. In 1997, the scholar wrote in his monograph "innovation for knowledge economy"