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What are the latest trends in intellectual property?

Intellectual property asset securitization is a new type of asset securitization that has emerged in developed countries in recent years. Its rapid development has attracted widespread attention from all parties. With the advent of the knowledge economy and the establishment of the intellectual property system, intellectual property has become an important production and management factor for modern enterprises. The business model of enterprises has also shifted from emphasizing traditional fixed assets such as land, factories, and production equipment to emphasizing patents, brands, Intangible assets such as customer relationships and services. Against this background, intellectual property asset securitization, as an innovative model for intellectual property development and intellectual property financing, has gradually attracted widespread attention. The so-called "intellectual property asset securitization" means that the sponsor separates the risk and return elements of the underlying assets through certain structural arrangements. and reorganization, and then converted into circulating securities that can be sold in the financial market. Internationally, some theorists have proposed to "dilute" and "weaken" the exclusivity of intellectual property rights to alleviate the contradiction between exclusivity and openness and public use. . The representative one is Japanese jurist Nobuhiro Nakayama. More scholars, and even international conventions, advocate further strengthening intellectual property protection and strengthening exclusivity to resolve this contradiction. The most typical example is the two new copyright treaties concluded under the auspices of the World Intellectual Property Organization in December 1996. A large number of protected objects have been added, and a large number of protected rights that were not exclusive rights in the past have been added. The United States and European Union countries are preparing to revise intellectual property laws from 1998 to 1999, that is, before entering the 21st century, to make them comply with the requirements of the new treaty. In addition, in terms of trademark protection, the trend of strengthening exclusivity is reflected in the protection of well-known trademarks separately from goods and services.

This trend of strengthening the exclusivity of intellectual property rights may not be beneficial to developing countries. However, no developing country has yet expressed "firm resistance". The main reason is that in the knowledge economy, the trend of strengthening intellectual property protection is irresistible, and developing countries should study their countermeasures as early as possible. The second contradiction mentioned above has led to the latest procedural law issue in intellectual property protection, that is, the issue of how to choose the place of litigation and the applicable law in foreign-related intellectual property disputes. In the past, most intellectual property infringement lawsuits were filed in the place where the defendant was located or where the infringement occurred, and the law of the place of action (where the court was located) was applied. However, it is often difficult to identify the location of infringers on the Internet; in practice, as soon as infringing copies are online, any place in the world may become the place where infringement occurs. This situation is mainly determined by the borderless nature of the Internet. Some people have proposed taking technical measures to limit the borderless nature of network transmission to resolve the above contradiction. But in practice it is extremely difficult, or simply impossible. Therefore, more scholars, more countries and regions are actually solving this contradiction by accelerating the "integration" process of national intellectual property laws, that is, by weakening the regional nature of intellectual property rights.

The "integration" of international intellectual property laws requires consistent standards. Exclusive rights that have been confirmed for many years cannot generally be revoked. As a result, the laws of developed countries with broad protection and high intensity are actually regarded as the standard for "integration" in most international negotiation situations. Although developing countries are reluctant, they cannot stop it. When the World Trade Organization was established, the Agreement on Trade-Related Aspects of Intellectual Property Rights was concluded, which is a typical example of a process that strengthened intellectual property protection against the wishes of developing countries and had to be accepted by the majority of developing countries.