Intellectual Property and Development pdf epub mobi txt 电子书下载 2026

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出版者:A World Bank Publication

作者:Fink, Carsten (EDT)/ Maskus, Keith E. (EDT)

出品人:

页数:250

译者:

出版时间:2005-03-10

价格:USD 25.00

装帧:Paperback

isbn号码:9780821357729

丛书系列:

图书标签:

知识产权
发展经济学
创新
技术转移
专利
版权
商标
发展中国家
知识产权政策
国际贸易

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具体描述

International policies towards protecting intellectual property rights have seen profound changes over the past two decades. Rules on how to protect patents, copyright, trademarks and other forms of intellectual property have become a standard component of international trade agreements. Most significantly, during the Uruguay Round of multilateral trade negotiations (1986-94), members of what is today the World Trade Organization (WTO) concluded the Agreement on Trade Related Intellectual Property Rights (TRIPS), which sets out minimum standards of protection that most of the worlds economies have to respect. How will developing countries fare in this new international environment? This book brings together empirical research that assesses the effects of changing intellectual property regimes on various measures of economic and social performance ranging from international trade, foreign investment and competition to innovation and access to new technologies. The studies presented point to an important development dimension to the protection of intellectual property. But a one-size-fits-all approach to intellectual property is unlikely to work. There is need to adjust intellectual property norms to domestic needs, taking into account developing countries capacity to innovate, technological needs, and institutional capabilities. In addition, governments need to consider a range of complementary policies to maximize the benefits and reduce the costs of reformed intellectual property regulations. It will be of interest to students and scholars of international law, particularly in the area of intellectual property rights, international trade and public policy.

《知识产权与发展：理论、政策与实践的交织》在当今全球化与数字化浪潮的推动下，知识产权（Intellectual Property, IP）早已超越了单纯的法律概念，演化成为驱动创新、促进经济增长、 shaping 国际竞争格局乃至影响社会进步的关键要素。从技术突破到文化创意，从生物医药的尖端研发到数字内容的海量传播，知识产权无处不在，其战略性价值日益凸显。《知识产权与发展：理论、政策与实践的交织》一书，正是一部旨在深入剖析这一复杂而 vital 议题的深度力作。本书并非仅仅罗列法律条文，而是以一种多维度、跨学科的视角，系统性地探讨知识产权在不同发展阶段、不同经济体中的作用及其引发的深远影响。核心议题与理论基石本书的 foundational premise 是，知识产权制度并非 static 的法律框架，而是一个 dynamic 的、与经济发展 trajectory 紧密相连的 evolving system。作者首先追溯了知识产权制度的 historical roots，从文艺复兴时期的特许状到工业革命时期的专利保护，揭示了其诞生与发展的 economic and social imperatives。接着，本书深入探讨了知识产权的 multiple rationales，包括激励创新、促进信息传播、保障创造者权益以及作为一种市场机制的 role。在理论层面，本书重点关注了知识产权与经济发展之间的 intricate relationship。它 review 了 patent-driven innovation theories，explaining how exclusive rights can spur research and development investment, leading to technological advancements and productivity gains。同时，书中也 critically examined the "tragedy of the anticommons" phenomenon, where excessive IP protection can stifle follow-on innovation and hinder the diffusion of knowledge, particularly in developing countries. Furthermore, the book delves into the economic theories of intellectual property, such as the economics of patents, copyright, and trademarks, analyzing their impact on market structure, competition, and consumer welfare. 发展中国家视角下的知识产权挑战本书的一大特色在于，它特别关注了知识产权在发展中国家所面临的 unique challenges and opportunities。在这些国家，经济发展水平、制度capacity、技术 absorptive capability 以及社会 cultural context 都与发达国家存在显著差异。因此，将发达国家模式下的知识产权制度直接照搬，往往会适得其反。书中 elaborates on the dilemmas faced by developing countries. For instance, regarding patents, developing nations often grapple with the balance between protecting nascent domestic industries and gaining access to essential technologies. The book explores how patentability criteria, patent enforcement mechanisms, and compulsory licensing provisions can be tailored to serve national development objectives, such as ensuring access to essential medicines or promoting local manufacturing. In the realm of copyright, the focus shifts to the challenges of protecting local cultural expressions and traditional knowledge while also engaging with the global digital content market. The book examines how developing countries can leverage copyright to foster their creative industries, promote cultural diversity, and prevent the exploitation of their cultural heritage. It also discusses the complexities of digital rights management and the impact of international copyright treaties on developing economies. The discussion on trademarks is framed around the importance of building strong brands for domestic products and services, enabling them to compete in both local and international markets. However, the book also addresses the potential for trademark law to be used to create artificial barriers to entry or to disadvantage smaller local businesses. 政策选择与制度设计《知识产权与发展：理论、政策与实践的交织》 not only identifies the problems but also proposes concrete policy recommendations and explores effective institutional designs. The book argues that a "one-size-fits-all" approach to IP policy is inappropriate and advocates for context-specific strategies. For developing countries, the book suggests exploring flexible IP regimes that allow for strategic use of exceptions and limitations to IP rights, such as research exceptions, educational exceptions, and provisions for parallel importation. It also emphasizes the importance of building strong domestic IP institutions, including efficient patent and trademark offices, effective judicial systems for IP dispute resolution, and capacity-building programs for IP professionals. The book further examines the role of international IP agreements, such as the TRIPS Agreement, and their implications for developing countries. It analyzes how these agreements can be interpreted and implemented in a manner that supports, rather than hinders, national development goals. The book also discusses the potential for regional IP cooperation among developing countries to enhance their collective bargaining power and foster synergistic development. Beyond national policies, the book delves into the crucial intersection of IP and other development-related policies. It explores how IP policy interacts with trade policy, industrial policy, innovation policy, and education policy. For example, the book examines how patent policies can be aligned with industrial policies to promote technology transfer and local manufacturing, or how copyright policies can be integrated with education policies to ensure access to learning materials. 前沿议题与未来展望 As the global landscape continues to evolve, the book also tackles emerging issues at the forefront of IP and development. It dedicates significant attention to the implications of digital technologies, such as artificial intelligence (AI), big data, and blockchain, for IP protection and enforcement. The book grapples with questions like: Who owns the IP in AI-generated works? How can we protect data effectively? How can blockchain technology be used to track and manage IP rights? The discussion on AI and IP highlights the challenges in adapting existing legal frameworks to address new forms of creativity and invention. The book explores potential policy responses, including the creation of new IP rights or the adaptation of existing ones, to incentivize AI development while ensuring fair distribution of benefits. Furthermore, the book explores the growing importance of geographical indications (GIs) and traditional knowledge in the context of development. It examines how GIs can be used to protect the unique products of specific regions, enhance their market value, and benefit local communities. The book also addresses the complex issues surrounding the protection of traditional knowledge, including its intergenerational transmission, its communal ownership, and its potential for bioprospecting and commercialization. The book concludes with a forward-looking perspective, emphasizing the need for continuous adaptation and innovation in IP policy to meet the evolving challenges of sustainable and inclusive development. It calls for a more nuanced understanding of IP’s role in fostering equitable growth, bridging the digital divide, and promoting global knowledge sharing. The central argument is that IP policy should not be seen as an end in itself, but rather as a tool to achieve broader societal goals, empowering individuals and nations to thrive in the knowledge economy. In essence, 《知识产权与发展：理论、政策与实践的交织》 serves as an indispensable resource for policymakers, legal scholars, economists, development practitioners, and anyone seeking a comprehensive and insightful understanding of the multifaceted relationship between intellectual property and sustainable development in the 21st century. It offers a balanced perspective, acknowledging both the potential benefits and the inherent risks associated with IP systems, and advocates for a pragmatic and adaptable approach to IP governance that truly serves the cause of human progress.