What is the latest trend of intellectual property rights?

Intellectual property asset securitization is a new type of asset securitization emerging in developed countries in recent years. Its rapid development has attracted wide attention from all sides. With the advent of knowledge economy and the establishment of intellectual property system, intellectual property has become an important production and operation factor of modern enterprises, and the business form of enterprises has also shifted from emphasizing traditional fixed assets such as land, factories and production equipment to emphasizing intangible assets such as patents, brands, customer relationships and services. Under this background, as an innovative intellectual property development and financing model, securitization of intellectual property assets has gradually attracted people's extensive attention. The so-called "securitization of intellectual property assets" refers to intellectual property rights (called "basic assets") that can generate predictable and stable cash flow. Through certain structural arrangements, the risk and return elements in the basic assets are separated and reorganized, and then converted into securities that can be sold in the financial market. Internationally, some theorists propose to "dilute" and "weaken" the exclusivity of intellectual property rights, so as to alleviate the contradiction between exclusivity and openness and utilitarianism. The representative is Nobuhiro Nakayama, a Japanese jurist. However, more scholars and even international conventions advocate further strengthening intellectual property protection and strengthening exclusivity to solve this contradiction. The most typical examples are1two new copyright treaties concluded in February 1996 under the auspices of the World Intellectual Property Organization. Among them, a large number of protection objects and a large number of protection rights that did not belong to exclusive rights in the past have been added. However, the United States and European Union countries are going to amend the intellectual property law from 1998 to 1999 before entering the 2 1 century to meet the requirements of the new treaty. In addition, in trademark protection, the trend of strengthening exclusivity is to protect well-known trademarks from goods and services.

This trend of strengthening the exclusivity of intellectual property rights may not be beneficial to developing countries. But at present, no developing country has expressed "resolute resistance". The main reason is that in the knowledge economy, the trend of strengthening intellectual property protection is unstoppable, and developing countries should study countermeasures as soon as possible. The above-mentioned second contradiction leads to the latest procedural law of intellectual property protection, that is, how to choose the litigation place and applicable law for foreign-related intellectual property disputes. In the past, most intellectual property infringement lawsuits took the defendant's place or the place where the infringement occurred as the litigation place, and the law of the litigation place (the seat of the court) was applied. But it is often difficult for infringers on the internet to confirm where they are; In practice, as long as the infringing copy is online, any place in the world may become the place where infringement occurs. This situation is mainly determined by the boundlessness of the network. In order to solve the above contradiction, technical measures have been proposed to limit the borderless characteristics of network transmission. But in practice, this is extremely difficult or impossible. So more scholars, more countries and regions are actually solving this contradiction by accelerating the process of "integration" of intellectual property laws in various countries, that is, by weakening the regionality of intellectual property rights.

The integration of international intellectual property law needs a standard. Over the years, the confirmed exclusive right cannot be revoked. Therefore, the laws of developed countries with wide protection and great intensity are actually regarded as the standard of "integration" in most international negotiations. Although developing countries are reluctant, they can't stop it. When the World Trade Organization was founded, the Agreement on Trade-related Aspects of Intellectual Property Rights was concluded, which is a typical process of strengthening intellectual property protection against the will of developing countries and must be accepted by the vast number of developing countries.