Jurisprudential Analysis of International Intellectual Property Dynamics in the Biomedical Sector

Mengmiao Pang
School of Literature and Law, Zhengzhou Technology and Business University, Zhengzhou, Henan, 451400, China

DOI:https://doi.org/10.5912/jcb2028

Abstract:

The biomedical industry presents a complex pattern in the international intellectual property competition, and the analysis of the competition of property rights can provide help for the development of the industry. Under the analysis of the theory of competitive advantage of intellectual property rights in the biomedical industry, this paper discusses the relationship between production factors, demand conditions and strategic structure of biomedical enterprises, and constructs the competitive advantage diamond model of intellectual property rights. The power value of biomedical property rights and its relationship with the market are analyzed doctrinally in the light of intellectual property law. The theoretical foundation of intellectual property justification is constructed from two juristal theory: the labor property theory and the personality theory, and these two theories are closely combined with competition law to interpret the justification of biomedical intellectual property rights from the perspective of competition law. The results show that international pharmaceutical intellectual property competition is in the stable stage of “patent jungle”. The level of intellectual property protection corresponds to the interval of [0.151, 0.768], the extreme value of 0.931 is not within the interval of its data value, and the slope value is positive, so there is a linear relationship between the level of intellectual property rights and the export competitiveness of the biomedical industry. Based on the analysis of this paper, it can promote the protection of biomedical intellectual property rights and provide suggestions for the standardization of international competition.