The Protecting Modes Of Collective Administration Organizations Of IPRs

According to the traditional theory in law and economics, there are two alternative methods or modes to protect personal entitlements, either by property rule or by liability rule. However, both rules have their limitation on protecting the Intellectual Property Rights (IPRs). Based on the analysis of the Collective Administration Organizations of IPRs, this thesis indicates that the mode of protecting the IPRs by organizations is a liability rule built on property rules, and owns the attribute between the property rules and liability rules. Therefore, on the aspect of protecting the IPRs, these organizations could synthesize the merits on the property rules and liability rules and make the best tradeoff between lowering the transaction costs and the information cost.The key to effectively run the Collective Administration Organizations of IPRs is that these organizations have to be operated on the mechanism of the liability rules, which have been clearly determined on personal properties. It is such a strict way of operation that makes these oversea organizations successful to some extents. But, when looking into the similar organizations in our country, we will find that they have not been run effectively so far. It may be not only because of the weakness on the administration of their own, but also because of lacking of consciousness of property rights, especially the IPRs in the whole nation, including the government and people. So, for a long run, we ought to take some initial campaigns of conceptions to increase the consciousness of property rights and respect property rights over the whole country. That is the implication of public administration of the Collective Administration Organizations of IPRs, i.e. respecting property rights and letting the right holders or founding some private organizations to manage property rights, instead of holding all the rights and doing everything by the government.