知识产权.文化传统与民族创新/田德新

　　《知识产权：文化传统与民族创新（英文版）》：　　According to United Nations Educational， Scientific and Cultural Orgaruzation （UNESCO） （2015）， intellectual property （IP） refers to the creations of the mind， and IPR refers to the legal rights relating to products of human creativity and innovation， which broadly includes patents， trademarks， and copyrights. While patents mean the exclusive rights by a sovereign state to an inventor for a limited period of time in return for further public inventions， a trademark is a recognizable symbol， sign， expression， or design for identifying and differentiating products or services from different sources. In contrast， copyright is a kind of right that protects the expressions of some idea， but not the idea itself. Specifically， IPR covers a wide range of intellectual efforts such as：　　literary， artistic and scientific works； performances of performing artists， phonograms， and broadcasts； inventions in all fields of buman endeavor； scientific discoveries； industrial designs； trademarks， service marks， and commercial names and designations； protection against unfair competition （UNESCO， 2015， p. 5）.　　The areas mentioned as literary， artistic and scientific works belong to the copyright branch of IP. The areas mentioned as performances of performing artists， phonograms and broadcasts are called "related rights，" as they are related to copyright. The rest constitute the industrial properly branch ofIP. Like any other property that you can sell for profit， the creators ofIPR can also economically benefit out of their creations in accordance with the IPR legislations of different counffles.　　IPR are believed to stimulate the economic growth of a country， so they are protected by laws. There are two main reasons for a country to establish laws to protect the IPR ofits citizens. One is to provide statutory expressions to the moral and economic rights of the creators in their creations and the rights of the public in access to those creations. The second is to promote， as a deliberate act of the government policy， creativity and the dissemination and application of its results and to encourage fair trading which would contribute to economic and social development. This is why the United Nations Economic Commission for Europe （2011） emphasized， IPR is "a key concem in the quest for growth， development and competitiveness. Advancement in knowledge broadly conceived is a key driver of economic prosperity in the twenty-first century" （p.1）. This is why the Business and Industry Advisory Committee to the Organization of Economic Cooperation and Development （OECD） （2003） emphasized：　　IP has become a significant factor in productivity and economic growth. Strong and effective lP protection is a particularly powerful incentive for firms to invest in generating new technology in sectors where the returns to technological investment are very long term， involve high risks and are easy to copy. IPR provide a further impetusto innovation in that they require an inventor who seeks time-limited protection to publish the knowledge embodied in a product or process...a market-based mechanism for disseminating knowledge and spurring competition （p. 1）.　　It is clear that there is a strong connection between effective IPR protection and the generation of new technology. In his seminal book An Inquiry into the Nature and Causes of the Wealth of Nations， Smith （1776） discussed the relationship between innovation and growth by saying that the improvements in machinery， however， have by no means been the inventions of those who had occasions to use the machines. Many improvements have been made by the ingenuity ofthe makers of the machines. Besides articulating the relationship between innovation and economic growth， Smith （1776） articulated the roles of technology transfer and stressed the roles of research and development （R&D） in economic growth and technological improvements.　　As a "powerful incentive" ， IPR protect the benefits of the creators or the owners of creations， ensure further creations and innovation， and institutionalize the "market-based mechanism" for knowledge dissemination. Echoing the above committee， Priest （2014） listed three critical functions of copyright， which is an important component ofIPR. First， copyright nurtures a professional class of creators and an ecosystem of support professionals， who are critical to the development and maintenance of a vibrant and creative economy. Second， copyright enables creators to invest in diverse revenue streams instead of harming the creative ecosystem by diminishing monetization opportunities for smaller and independent producers， distorting market signals， and exposing producers to the exploitation ofintermediaries. Finally， an effective copyright system catalyzes market-supported， creative industries. On the contrary， a high-piracy environment wombs risks to the long-term stability and growth of a country's creative industries and overall economic growth.　　……