The era of knowledge innovation is booming and promoting the creation of intellectual achievements、Propagation、Transaction-centered new economic structure changes,It also intensifies the conflict of interests and the need for protection of intangible bet365 tennis bet。Intellectual bet365 tennis bet infringement and the accompanying "difficulties in compensation" have evolved into a type of social problem,This phenomenon is particularly prominent in the process of innovation, development and transformation in all aspects of China's social economy。The damage compensation system is an important dimension of legal protection for intellectual bet365 tennis bet rights,The normative approach and ideal structure are in urgent need of panoramic theoretical interpretation and all-round institutional innovation。
Clarification of the concept of damages for intellectual bet365 tennis bet infringement
Current intellectual bet365 tennis bet law,The definition of the concept of damages is not satisfactory。Intellectual bet365 tennis bet damage is different from physical damage,More expressed through the fictional concept of "loss of profits",And this concept is gradually blurred due to the complexity of social and economic structure。This has led to the concepts of "damage" and "compensation" evolving into an increasingly darker image in the field of intellectual bet365 tennis bet。The practice of expressing or quantifying “damage” in the field of intellectual bet365 tennis bet rights using legal language in the field of tangible bet365 tennis bet rights,It is difficult to truly reflect the origin of the relationship between intellectual bet365 tennis bet infringement and damage in the real world。
Classical theory believes that,bet365 tennis bet regulated by civil law can be roughly divided into three categories: first, claims,The second is physical bet365 tennis bet,The third is intangible bet365 tennis bet。Civil law is the sum of laws that regulate human private social life,Intangible bet365 tennis bet is naturally bound by it。Mr. Wang Zejian once said,Damage compensation is the core of civil liability,No detailed provisions in mainland civil law,How to clarify its basic concepts、Constructing a normative system and legal principles,An important topic in theory and practice。According to this we know,The tort damages law in civil law has yet to be advanced,Not to mention the intellectual bet365 tennis bet law as a special civil law。
Here,It is necessary to focus on grasping two types of relationships: one is the convergence and divergence of tangible bet365 tennis bet rights and intangible bet365 tennis bet rights;The second is the inheritance and transcendence of civil law and intellectual bet365 tennis bet law。In today’s knowledge economy era,The infringement damage compensation system and theory built around traditional bet365 tennis bet rights are no longer easy to handle,But the general rules of civil law still govern the intellectual bet365 tennis bet system,It has extremely important normative significance for the latter。To this,The internal structure of bet365 tennis bet rights should be viewed dialectically,Actively promote the theoretical integration and institutional coordination of civil law and intellectual bet365 tennis bet law。No matter in the legislative creation dimension、Theoretical inheritance dimension or judicial operation dimension,Neither can categorically isolate the two,It cannot be far-fetched to equate them。
The value orientation of damages for intellectual bet365 tennis bet infringement
The intellectual bet365 tennis bet protection system is often described as a double-edged sword,This extremely realistic metaphor can probably also serve as a basic judgment on compensation for intellectual bet365 tennis bet damages - intellectual bet365 tennis bet protection should be appropriate and moderate。Just as the formula "more information equals more knowledge" is not always true: if it revolves around knowledge acquisition、Management、The rules of creation and possession are not properly formulated,Then more information even equals less knowledge、Less innovation,This is the "knowledge paradox"。Similarly,The view that “more protection equals more knowledge” was once promoted by some scholars,But in fact it is not worthy of praise。Theory on the relationship between law and social resources,The institutional arrangement of "rights-obligations-responsibility" corresponds to the division and adjustment of social life resources,The subject enjoys living resources based on this legal relationship,When the legal relationship is distorted,The resources originally enjoyed by the subject will inevitably be deprived。Liability for damages for infringement of intellectual bet365 tennis bet rights,The purpose is to correct the deviation in the distribution relationship of intellectual bet365 tennis bet resources,Restore the good operation of the innovation mechanism,Put society in an order that encourages innovation。
If you leave the soil of innovation,The intellectual bet365 tennis bet damage compensation system will face the risk of alienation,Inevitably face the consequences of fairness、Justice、Safety、Challenges and tortures of different legal values such as efficiency。In this case,The damage compensation system as a public tool for measuring the interests of different subjects and judging their value,It is likely to become an obstacle to maximizing the effectiveness of intellectual bet365 tennis bet legal protection,Not conducive to ongoing knowledge innovation、Industrial development and economic transformation。On the surface,Intellectual bet365 tennis bet damage compensation relief is a question of the strength of protection,Substantially,What kind of value law is it a matter of rational choice,Therefore, we must return to the track of institutional rationality and instrumental rationality。
On the one hand,Legislative separation model based on tangible bet365 tennis bet rights system and intangible bet365 tennis bet rights system,It is not possible to directly use bet365 tennis bet rights protection methods to protect intellectual bet365 tennis bet rights,But this does not mean that the institutional experience of bet365 tennis bet rights protection is completely meaningless for the protection of intellectual bet365 tennis bet rights。The absolute rights protection model derived from the former,It plays an important theoretical integration and institutional reference role for the latter。actually,Understanding damages for intellectual bet365 tennis bet infringement from the perspective of the rights attributes of "absolute right" and "right of domination",It is a manifestation of analogy and reference in legal concepts,It is also one of the institutional foundations for intellectual bet365 tennis bet protection。On the other hand,Intellectual bet365 tennis bet law emphasizes starting from value rationality,Creating a special theory of damages、Specialized concepts、Specialized discourse,To adjust the value conflict between freedom of creation and freedom of rights protection。
Standard approach to damages for intellectual bet365 tennis bet infringement
In the era of knowledge economy,The value of intangible bet365 tennis bet accounts for an increasing proportion of social wealth,The traditional rigid damage compensation system is unsustainable,Realistic needs call for systematic legislative design,About various elements、Concept、Rules connect into an organic whole。Although there is an infringement damage compensation system in my country’s current intellectual bet365 tennis bet law,In terms of style and content,Just a simple list of specifications。From a system perspective,Legal provisions related to damages are mostly found in copyright law、Patent Law、Among separate laws such as trademark law,On the whole, there are no certain rules to follow、Relatively loose combination of specifications。Judging from the content,The provisions on damages are relatively rough,Unable to reflect the international trend of refined intellectual bet365 tennis bet legislation,It is also unable to respond to the current judicial practice needs of intellectual bet365 tennis bet infringement protection in my country。To this,It is necessary to refine the strengths of all schools,Expand systemization、Regulations、Theoretical Discussion and System Integration of Centralization。At the same time,Based on abstract purpose and value,Make specific and reasonable legislative choices and normative designs,Establish new institutional models and judicial rules based on the original system,Realize the organic unity of subjective value tone and objective institutional arrangements。
Intellectual bet365 tennis bet rights as non-material special private rights,Special protection required,Set special specifications。Present,Specialized legislative expression has become the only choice for intellectual bet365 tennis bet protection,So regarding the infringement of intellectual bet365 tennis bet rights,Should be based on general liability for tort damages,Gradually forming a relatively independent infringement damage compensation system in the field of intellectual bet365 tennis bet rights。
Larenz once said,Both value-oriented jurisprudence and systematic operation jurisprudence attempt to clarify,The basic point at the center of this system is the "open principle" and the evaluation basis revealed in the principle,Only considering its different degrees of embodiment,And make these forms have a certain relationship to each other,In order to construct a "system"。my country’s future intellectual bet365 tennis bet infringement damage compensation system,Should include the abstraction of conceptual principles and the concretization of normative types,It is the unity and coordination of the two。Typing and abstraction are corresponding concepts,They emphasize the homotopic meaning and isomorphic value in the legal theory and normative law system of intellectual bet365 tennis bet damage compensation。In terms of the internal structure of the intellectual bet365 tennis bet law order,The concretization of infringement damages is mainly reflected in the establishment of special rules,Promote the typing and concretization of special specifications,Make it highlight the distinctive characteristics of intellectual bet365 tennis bet。Because of my job,In terms of the overall legislative style,Intellectual bet365 tennis bet legislative approach and legal thinking should be based on this,Using the legal norms and interpretation of damages for intellectual bet365 tennis bet infringement as the carrier,Towards system change and scientific structure。
Reflection and review of the damage compensation system for intellectual bet365 tennis bet infringement,Not just a metaphysical speculation activity - deducing the concept of intellectual bet365 tennis bet damage compensation from general infringement damages、Integrate a logical system from fragmented norms,It is more of an appeal to social needs、Practical exploration of national strategy and human well-being。Despite the fact that it has been proved time and again,Promoting intellectual innovation by implementing appropriate rules for damages remedies is extremely difficult,But if you are timid to try,Falling into the cycle of agnosticism without knowing it,You will gain nothing in the end。This also enlightens us,The future development of the damage compensation system for intellectual bet365 tennis bet infringement in the new era,Need conceptual innovation、Theoretical Innovation、System Innovation、Interactive collaboration of judicial innovation,In order to develop new ideas for building an innovative country、New method、New initiatives are transformed into endogenous driving forces to promote knowledge innovation and economic development。
(The author is from the School of Law, Central China Normal University、Associate professor at the Institute of Intellectual bet365 tennis bet, Central China Normal University)
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