Sociological Analysis of China’s IPRs Regime: Risk Management and Risk Control
摘要
As a legal infrastructure for human communities, IPRs embodies a paragon of institutional civilisation. Yet, in the context of risk society, cultural, ecological, genetic technological and Internet risks are inherent in IPRs infrastructure. It therefore has become a shared mission of the international intellectual property community to address the defects of the IPRs regime and the potential loopholes by enhancing risk consciousness, increasing the capacity to identify risks and building a risk-management mechanism. More specifically, countries, developed and developing included, should initiate a reform of their current IPRs systems based on the unity of value rationality and instrumental rationality, the unity of rights and obligations and the unity of law and the regulation of technology.