Basic Theories of Intellectual Property Transaction
Description
From the perspective of the market, this book discusses the basic theories and operation mechanism of intellectual property transactions based on the behavior choice theory, aiming to deeply understand how the specific systems and rules of intellectual property are operated or applied beyond the external form of system application.
China's long-standing intellectual property legal doctrines and the corresponding knowledge system (whether legislative, judicial or theoretical research) deserve reflection in three aspects: (i) the neglect of market principles; (ii) the lack of behaviorism research perspectives and methods, and (iii) the lack of systematic degree of existing research. This book is an introspection on the basic theoretical research of intellectual property in China from the above three aspects.
This book closely focuses on the coupling relationship between "system implementation" and "behavior choice," along with the logical context of intellectual property transactions, the institutional mechanism behind the specific transaction forms is investigated, and its benefits are analyzed. And, the essence of the economic mechanism of the intellectual property system is deeply interpreted from both theoretical and practical aspects.
The target audience is intellectual property law researcher, and the content level is the theoretical foundation research.
Starting from the principles of the entitlement of intellectual property, this book tries to reveal the institutional implication of the creation of right, the boundary of right and the attribute of right. And, this book also tries to sort out the matching attribute between the existing intellectual property systems and the operation of the intellectual property market. Finally, by analyzing the correlation between the market environment and the subject's behavior choice, this book tries to clarify the internal logic between "system," "market" and "behavior." These aforesaid features will help IP researchers deeply understand how existing legal systems and rules affect specific intellectual property transactions.
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Ming Yang is Professor of Intellectual Property Law at Peking University Faculty of Law in Beijing. He is Executive Vice-Dean of PKU Intellectual Property Academy (since 2023) and Member of the Academic Ethics Committee of PKU (since 2022). He is also Director of PKU Internet Law Center (since 2022).
Content
Introduction.- Intellectual Property Creation and Cumulative Innovation: A Behavioural Study of Property Rights.- A Behavioural Analysis of Intellectual Property Transactions and Insufficient Supply of Legal Institutions.- Contract Theory in Intellectual Property Transactions.- Price Theory in Intellectual Property Transactions.- Theoretical Manifestations in Specific Types of Intellectual Property Transactions.- Antitrust Issues in Intellectual Property Transactions.- Conclusion.