论知识霸权及其应对

With arrival of knowledge-based economy society and acceleration of globalization，knowledge becomes to be the most important property in the society.There is a trend towards global integration of rules of knowledge control，i.e.the system of intellectual property rights.The developed countries，so as to protect its own economic interests，impose various models and standards regarding globalization，especially the protection standards of intellectual property rights，upon the developing countries.And the developed countries require the developing countries to exercise high-level protection on intellectual property rights.The developed countries actively promoted the execution of TRIPS and set the standards of global integration for intellectual property rights protection.Afterwards，the developed countries are insatiable and，by the means of bilateral trade agreements and regional trade agreements，etc.，they set requirements on intellectual property rights protection with higher standards，wider scope and stronger validity than TRIPS.Intellectual hegemony sweeps globally.In the meantime，the circle of legal theory pays attention on WTO laws from the perspective of human rights and questions its legitimacy.Therefore，the author tries to research on TRIPS and TRIPS-plus from the perspective of intellectual hegemony and hopes to find out countermeasures for developing countries.This book is divided into exordium，main body and conclusion.It is made up of seven parts.The first part is exordium which introduces research background，research significance，status quo of research at home and aboard，basic structure of this dissertation，research means，innovative points，etc.The second part is Intellectual Hegemony Protrudes and Interpretation on its Basic Issues.Firstly，this part discusses expansion of intellectual property rights under the background of globalization resulting in intellectual hegemony and points out that TRIPS is the starting point of intellectual hegemony and TRIPS-plus is further development of intellectual hegemony.Then，this part interprets the basic issues of intellectual hegemony，including defining the intellectual hegemony，analyzing its characteristics，discriminating between intellectual hegemony and similar definitions，such as intellectual property rights misuse，intellectual property rights malpractice，intellectual property rights monopoly，etc.The third part is Standards of Legitimacy on International Intellectual Property Right System.Via combing through standpoints on legitimacy by two modern western jurisprudential schools，i.e.natural law school and positive law school，this part illustrates historical transformation of the definition of legitimacy，interprets on legitimacy and puts forwards that legitimacy is mainly embodied by legality and legitimacy is legality in ultimate meaning.Then，this part sets the subjective criterion and objective criterion of legitimacy.On the basis of such criterion，this part discusses the legitimacy criterion of international intellectual property rights system from the perspective of epistemology.This part finally concludes that the subjective criterion of legitimacy of international intellectual property rights system is that democratic consultation must meet three conditions，that is，representativeness，transparency and non-dominance.And the objective criterion of legitimacy of international intellectual property rights system is global information justice.The fourth part is Manifestations of Illegitimacy of Intellectual Hegemony（Ⅰ）—Discuss from the Perspective of Subjective Criterion of Legitimacy of International Intellectual Property Rights System.This part outlines the execution process of TRIPS，evaluates such execution process by the subjective criterion of legitimacy of international intellectual property rights system and finds out that there is no representativeness during the negotiation on TRIPS and the negotiation process is on basis of wrong information and dominance.Based on outlining of execution of TRIPS-plus，this part evaluates such negotiation process by the subjective criterion of legitimacy of international intellectual property rights system.The author finds out that the developed countries play a dominant role，taking advantage of its power and global influence.And the FTAs executed under negotiation dominated by power are not transparent and fails to satisfy the requirements of representativeness and non-dominance.Execution of TRIPS and TRIPS-plus fails to meet the subjective criterion of legitimacy of international intellectual property rights system.The fifth part is Manifestations of Illegitimacy of Intellectual Hegemony（Ⅱ）—Discuss from the Perspective of Objective Criterion of Legitimacy of International Intellectual Property Rights System.From the perspective of global information justice，the author deeply analyzes the illegitimacy of the relevant system regarding patent under TRIPS and TRIPS-plus.TRIPS puts medicine under protection，protects new varieties of plants by the means of intellectual property rights，ambiguously stipulates the protected objects which are advantageous to the developing countries and does not protect superior resources of the developing countries.All of above is the concentrated expression of intellectual hegemony.U.S.FTAs reduces mechanism elasticity of TRIPS，adds stipulations regarding protection of intellectual property rights and expands the intellectual property rights protection to new areas，all of which is further development of intellectual hegemony.The sixth part is China Copes with Intellectual Hegemony.This part firstly analyzes interventions in legislation on and enforcement of intellectual property rights in China.Then，this part puts forwards according countermeasures against intellectual hegemony from the standpoint of China and from international and domestic aspects.From international aspects，the author points out the fundamental principles and basic views which shall be adhered to，strategic policies and specific strategies which shall be taken，etc.From domestic aspects，the author puts forwards that trinity defense system by nation，enterprises and academic circle shall be built；the legislation in Chinese traditional resources protection shall be speeded up；effectiveness of enforcement system of intellectual property rights shall be strengthened.The last part is conclusion which summarizes the main viewpoints of this book.Key Words：Intellectual Property Right；Intellectual Hegemony；TRIPS；TRIPS-plus；Legitimacy

全部显示∨

全部显示∨