Intellectual property law determines that intellectual achievements can be used and transferred with compensation, encourages creators of intellectual achievements to popularize and apply their achievements, ensures the rights and interests of disseminators of intellectual achievements are protected, and stipulates the rational use and compulsory use of intellectual achievements. Without the positive role played by the legal system of intellectual property rights in the process of knowledge generation and dissemination, it can be concluded that mankind will never move towards the present era of knowledge economy. Intellectual property is the legal guarantee for the development of knowledge economy. In the era of knowledge economy, the possession of knowledge, like the possession of property, needs to be confirmed by property rights. Intellectual property rights, like property rights, are exclusive rights and monopoly rights recognized and guaranteed by law. Knowledge is irreplaceable, irreversible, non-abradable, indivisible, enjoyable and infinitely value-added, which makes its protection more dependent on the legal system than the protection of property rights.
Without legal protection, many intellectual property rights will be lost. It can be imagined that if the intellectual property rights in the era of knowledge economy cannot be effectively protected by law, the entire economic foundation of this era cannot be guaranteed. The legal system of intellectual property rights plays a very important role in knowledge production. The power of knowledge economy comes from the continuous innovation of knowledge, and the production of knowledge is the source of innovation. Knowledge innovation should bear high risk costs, and only incentives can have the motivation for innovation. The intellectual property system is to confirm that the creator of intellectual achievements enjoys exclusive rights to the intellectual achievements he has created in the form of law, and to protect the realization of this exclusive right by law. The role of intellectual property protection in the knowledge economy society is to create an atmosphere to safeguard the interests of knowledge innovators. Whether it can effectively promote the dissemination and utilization of knowledge depends on the effective protection of intellectual property system. As mentioned above, intellectual property rights have some positive effects on all social forms. In the era of knowledge economy, the legal system of intellectual property rights has also played a considerable role in promoting and promoting.
First, the role of encouraging invention and creation.
Before the emergence of intellectual property rights, inventions were used for free, which made the creators or holders of inventions unable to benefit from them. Intellectual property in the form of law ensures that the creator or holder of an invention has an exclusive patent right for a certain period of time, and inhibits the unauthorized implementation of others. Anyone who wants to produce and sell the fruits of knowledge creation must obtain the permission of the relevant intellectual property owner and pay the implementation fee. This makes the labor consumption or capital consumption of the creator or holder of the invention be recovered or profitable, and makes it a profitable occupation to specialize in invention and creation, thus greatly improving people's enthusiasm for invention and creation. Fixed point has been recognized in different academic circles.
Second, the timely and extensive application of scientific and technological achievements.
Before the emergence of intellectual property rights, due to the need of competition, people always tended to keep their inventions, especially the manufacturing technology of a product, strictly confidential, which led to the lag in the dissemination of scientific and technological information and was extremely unfavorable to the timely popularization and application of inventions and the development of economy and society. After the establishment of intellectual property rights, the creators or holders of inventions and creations must disclose the contents of their inventions and creations to the public, which enables scientific and technological information to spread rapidly, and anyone who needs to adopt the inventions and creations.
Third, the role of promoting the formation of professional teams in scientific research and development.
Before the emergence of intellectual property rights, there was no paid use, license or paid transfer mechanism of patent application right and invention-creation patent right, and invention-creation could only become a means of livelihood relying on actual production. After the emergence of the intellectual property system, the paid licensing of inventions and creations, the right to apply for patents and the paid transfer mechanism of patent rights have been formed, making inventions and creations a profession that can make a living.
Fourth, save manpower, financial resources and material resources for scientific research and development, and shorten the cycle of scientific and technological progress.
Before the emergence of intellectual property rights, the secrecy tendency of the creators or holders of inventions led to the delay in the dissemination of scientific and technological information and the negative consequences of the loss of many secret recipes and stunts handed down from ancient times, which made many scientific and technological achievements need to be re-developed, resulting in repeated labor and waste of manpower, financial resources, material resources and time in scientific and technological research and development. After the patent system came into being, people had to disclose the contents of inventions and creations in order to obtain patent rights. On the one hand, it avoids the repeated work of others in the same invention and creation, and saves manpower, financial resources, material resources and time; On the other hand, it enables others to make new inventions on the basis of published inventions as soon as possible, thus greatly accelerating the cycle of scientific and technological progress. Knowledge innovation is the essential requirement and life of the development of knowledge economy.
The so-called knowledge innovation refers to the process of acquiring new knowledge of basic science and technical science through scientific research with the purpose of pursuing new discoveries, exploring new laws, establishing new theories and accumulating new knowledge. To some extent, knowledge economy can be regarded as an economic form based on knowledge innovation and organized around the production, dissemination, transfer and application of knowledge. It is the foundation of technological innovation and the source of new technologies and inventions. It is a revolutionary force to promote scientific and technological progress and economic growth. The development of knowledge economy mainly depends on knowledge innovation, so it can be said that the emergence of knowledge economy is the natural result of knowledge innovation. Knowledge innovation determines the success or failure of the development of knowledge economy, and its exploration and creativity in turn require knowledge innovation.