From its appearance, intellectual property transactions are economic behaviours pursued by the parties involved for their own utility, and of course, are also shown as a legal form. But from a deeper perspective, it can be seen that the smooth implementation of intellectual property transactions is a guarantee for the supply of knowledge products in the market, especially for ensuring the continuous supply of innovative products. It is only from the perspective of intellectual property transactions that we can thoroughly understand that intellectual property law is a mechanism that seeks to find the optimal balance between dynamic and static efficiency (Belleflamme, P. & Peitz, M. (2010). Industrial organization: Markets and strategies. Cambridge University Press. 508). Whether for self-use or authorizing others to use, the efficiency of intellectual property protection is reflected not only in the ability of knowledge property producers to obtain sufficient returns on investment but also in the promotion of knowledge dissemination, thereby encouraging cumulative innovation and promoting the continuous advancement for knowledge property creation. However, the practice of the operation and development of intellectual property transactions has shown that the supply of legal systems underpinning them is often insufficient. The first reason is the possible loopholes in the legal system itself, and the second is the inadequacy of the methodology for legal application. Therefore, it is significant to explore the connotation of intellectual property transactions from a behavioural perspective and clarify the insufficient supply of legal systems on intellectual property so as to improve legislation and promote the development of relevant industries.

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A Behavioural Analysis of Intellectual Property Transactions and Insufficient Supply of Legal Systems

  • Ming Yang

摘要

From its appearance, intellectual property transactions are economic behaviours pursued by the parties involved for their own utility, and of course, are also shown as a legal form. But from a deeper perspective, it can be seen that the smooth implementation of intellectual property transactions is a guarantee for the supply of knowledge products in the market, especially for ensuring the continuous supply of innovative products. It is only from the perspective of intellectual property transactions that we can thoroughly understand that intellectual property law is a mechanism that seeks to find the optimal balance between dynamic and static efficiency (Belleflamme, P. & Peitz, M. (2010). Industrial organization: Markets and strategies. Cambridge University Press. 508). Whether for self-use or authorizing others to use, the efficiency of intellectual property protection is reflected not only in the ability of knowledge property producers to obtain sufficient returns on investment but also in the promotion of knowledge dissemination, thereby encouraging cumulative innovation and promoting the continuous advancement for knowledge property creation. However, the practice of the operation and development of intellectual property transactions has shown that the supply of legal systems underpinning them is often insufficient. The first reason is the possible loopholes in the legal system itself, and the second is the inadequacy of the methodology for legal application. Therefore, it is significant to explore the connotation of intellectual property transactions from a behavioural perspective and clarify the insufficient supply of legal systems on intellectual property so as to improve legislation and promote the development of relevant industries.