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Li, Jiagui

Author

Session 5. 8.
Tuesday, June 17, 2025 1:30 PM – 3:00 PM Integrative Learning Center ILCS231
The “Anticommons” Phenomenon in the Field of Intellectual Property Rights in the Guangdong-Hong Kong-Macao Greater Bay Area and Its Legal Thinking
in-person
Jiagui Li
Macao Polytechnic University, China

China's intellectual property system is a system transplanted from abroad. Its purpose is to protect property rights to improve production efficiency. However, excessive concentration of rights will lead to insufficient incentives for innovation. The intellectual property legal system, which was originally legitimate, has low efficiency and obstacles in actual social effects, resulting in the "anti-commons tragedy". This article uses the case analysis method to analyze the "anti-commons" phenomenon in the field of intellectual property rights in the Guangdong-Hong Kong-Macao Greater Bay Area. The study found that there are countless patents in the fields of trademarks and copyrights in the Guangdong-Hong Kong-Macao Greater Bay Area, and their rights scope may have a large degree of overlap or overlap, causing intellectual property entanglements and disputes. The phenomenon and dilemma of resources not being fully utilized due to too fine property rights division is a "anti-commons tragedy". In view of this, the article believes that it is necessary to explore a new property rights dispute resolution mechanism to make up for the shortcomings of the "damage compensation" mechanism in legislation. The combination of "new development concept" and "benefit sharing theory" should promote the comprehensive development of the value of works, realize the combination of "rights protection" and "prosperity", and balance the legitimate rights and interests of all parties with the goal of "common development".

Keywords: Guangdong-Hong Kong-Macao Greater Bay Area, Anti-Tragedy of the Commons, Intellectual Property, Solution Mechanism, Efficiency

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