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Research of Patent Right Relief Based the Externality Theory

Author: ZhaoQiongYing
Tutor: WangSu
School: Zhongyuan Institute of Technology
Course: Philosophy of Science and Technology
Keywords: Patent right Externalities Right relief Efficiency
CLC: G306
Type: Master's thesis
Year: 2013
Downloads: 2
Quote: 0
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In modern society, the patent system plays an irreplaceable and important role oninnovation and technology on the one hand and economic development on the other.With the constant improvement of the patent system, it is especially important at the rightrelief of multiple stakeholders. As a special property system, patent right relief system inrelation to economic and social development, science and culture progress. We can saythat the social fair and justice can not get away from the patent right relief system. Weneed the system, one basic reason is the patent technology with externality, in the law andeconomics theory, the externality can lead to low-efficiency of resource allocation,imbalance of interests and introduces right conflict between the different stakeholders. Sohow to throw the patent refief make the social fair and justice come true and ensure thesocial benefits maximization is a demanding prompt solution in our socioeconomic life.There are many thought on correcting the externality, a general thought is use thegovernment intervention to achieve the purpose of right relief. The studie use this ideasare usually limited to the theory of institutional economics, which will make a adverselyaffect by the low efficiency and power rent-seeking of the government. A new visualangle is through the research of externality theory to perfecting the system, to aim at thecomplexity and abstractness prombles in the study of patent right relief system, to bringout a new frame structure based on the externality theory. We to try with property rulesand liablity rules combination and application based on a definite confine of patent right,through analysis of limitations of the system to found out the way to make it right. Andbased on this,make Chinese patent right relief system reach the due state of patent rightdefinitely, right repartition legitimately, use the doctrine of liability fixation accuratelyand amount of compensation reasonably and so on.

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