On The Creation Of Independent Intellectual Property Rights Under The Open Innovation Mode

Thanks to the rapid development of science and technology,mankind's ability to acquire information has strengthened, and the accesses to information have become more variable. Series of devastating elements have damaged the primary innovation mode,and a new one—the open innovation has come on the scene. In this new mode, open innovation develops into a kind of whole activities, which has adopted more innovative elements, and pursues the minimum of cost and the maximum of interest. However, the concept is the trinity of technology, economics, and law system, rather than simply technical. The technology innovation is closely related to the intellectual property system, and these two parts promote each other. If there is not an effective law system to protect the property gained by intellectual labor, and individual right, the resource of technical progress and innovation will be exhausted, and the material and spiritual civilization will be losing impetus. Therefore, in the open innovation mode, we should modify and perfect our intellectual property legal system in time, basis of our country's reality. Also we should create a favorable legal environment for the promotion of independent intellectual property rights is urgent.This paper was composed by for parts. The first part has introduced the evolution and applies of open innovation, and demonstrated the age of opening is coming by the case of P&G. The concept of independent innovation is turning. The second part and the third part is the focus and innovative point of this paper. In the second part, the typical models of using the independent intellectual property rights and the promotion of independent intellectual property rights are introduced. The problem relative with law and the rights conflict, which may appear in each stage of the opening process, are introduced too. The third part concludes the types and forms of the rights conflict, and analysis the conflict and coordination of the promotion of independent intellectual property rights. And this part also sums up the principles that balance the conflict of rights in principles and coordination mechanism. Basis on the mentioned of developed countries'experience, the forth part analysis the intellectual property law system currently, and taken the suggestion that modify and protect today's intellectual property law.