theoretical basis
Intellectual achievements are the object of intellectual property protection, public and a part of human intellectual wealth. Giving the creator exclusive rights will hinder the dissemination and innovation of knowledge in a certain sense. But in fact, the intellectual property system is only a legal arrangement to promote the progress of culture, art and science. These are all embodied in the basic concept of the creation of intellectual property rights.
The purpose of copyright law is to promote the creation and dissemination of ideas. It only gives the copyright owner the exclusive right to express ideas, not the exclusive right to ideas. Copyright law prohibits others from copying unique forms of expressing ideas, but it does not prohibit others from expressing the same ideas independently. Prohibiting people from expressing the same thoughts has the basic principle of unconstitutional law: freedom of speech.
Patent Law The patent law aims to protect the technical inventor's exclusive right to exploit the patented technology, but the premise is that its technical content is made public, so that the public can still know and obtain it, and further innovation can be made on this basis. In a sense, patent right can also be understood as a "monopoly" of patented technology content, but when setting a higher threshold for patents (especially invention patents), patent law must meet the requirements of novelty, advancement and practicality. On the contrary, copyright law protects the expression of all ideas, and there is only one standard, originality. That is, as long as it is a work independently completed by the author, the copyright is obtained and protected.
Trademark law basically does not have the problem of encouraging innovation, because the value of the object it protects depends on the goodwill of the enterprise, not the intellectual creation.
Here, we must mention the trade secret law and the anti-unfair competition law (or fair competition law), because these two systems essentially play a role in protecting things/information with creative and/or commercial value that the first three systems are difficult to protect. For example, how creative business methods are needed in trade secrets.