How to view the role of monopoly patent rights in economic development?

One. Intellectual property rights are a form of expression of property rights.

Two. Patent rights belong to intellectual property rights and should be protected by law, and the protection of patent rights is the protection of property rights. The protection of patent rights under patent law is time-limited, which is fundamentally different from monopoly.

Four. The Role of Patent Rights in Economic Development:

1.Promote intellectual creativity and respect intellectual achievements, 2Improve production efficiency and promote social progress, 3Protect transaction security and reduce transaction costs.

The patent system plays an important role in the development of the scientific and technological economy; The patent system is a competitive incentive mechanism, an important guarantee for maintaining fair and orderly competition in the market, and an accelerator for scientific and technological progress. It provides an important role for enterprises to apply patent protection to encourage invention and creation, and to participate in the market; It is one of the important bridges to realize the integration of China and the international economy.

The patent system is a system that protects inventors' innovations, encourages innovation and promotes technological progress, as well as protects inventors' intellectual property rights. However, the patent system can also raise some problems, such as patent monopolies, which have a negative impact on market competition.

On the one hand, the patent system does hinder free competition in the market, making it difficult for other firms to enter the market and thus restricting the free market. In this case, the patent holder can gain an advantage in the market competition through its patents, thereby raising the benchmark and restricting other companies from entering the market.

On the other hand, the patent system protects innovations, making people more willing to invest time and energy in creating new technologies and products. Without the protection of the patent system, it is likely that there will be fewer innovations and outcomes.

Taken together, the patent system is a system conducive to technological innovation and the protection of intellectual property rights, but it must be appropriately regulated and managed to avoid the occurrence of patent monopolies, while ensuring free market competition and the interests of consumers. Rush stupid.

Under normal circumstances, patents are generally filed for exclusivity.

In short, only the patentee or the authorized person and business can use the technology patent.

1. However, patents are all time-limited, 20 years for inventions, and 10 years for utility models and designs.

This time limit is to ensure that patents cannot be monopolized permanently.

2. In the event of a major situation or an extraordinary period, for the public interest of the society, there is a compulsory license for patents.

That is to say, the state can make reasonable use of the patentee's patented technology.

If someone else has applied for a patent, someone else can file a different patent for the same technology. Because the same function can be accomplished in different ways. And you can also further improve on the basis of others, or you can research a certain technical solution, so that the owner of the existing patent can not do better if he does not use your patented technology, so as to achieve a win-win situation between the two of you.

Although the Patent Law gives the patentee exclusive rights, it also gives others access to the prior art (disclosure), creating conditions for others to invent newer technologies on the basis of the prior art.

A patent right is an exclusive right, which is exclusive and exclusive. If a non-patentee wants to use another person's patented technology, it must obtain the consent or permission of the patentee in accordance with the law.

However, for the sake of social progress, general patents have an exclusive period. The patent is 20 years for invention patents, and 10 years for utility model and appearance patents. After expiration, the patent information is disclosed to the public, and no one can enjoy the exclusive right.

Topic:Why does monopoly advantage mainly come from the possession of intellectual property rights?

Answer:There are many factors that make up the monopoly advantage of multinational enterprises, and one of the main factors is technology. Technological advantages include elements such as technology, knowledge, information, know-how, and intangible assets.

Among them, new products, new production processes and product-specific capabilities are the most substantial components, which not only make the investment enterprises independent, but are often the most needed in the host market. The monopoly advantage of enterprises mainly comes from the possession of intellectual property rights, and intellectual products can be reused many times without reducing their use value. At the same time, the cost of transferring intellectual assets within TNCs is low or equal to zero, and foreign subsidiaries can use it without increasing costs to gain a competitive advantage that local firms do not have.