| The study on risk society constitutes one of the most crucial theories of modern philosophy and social science. In the context of risk society, the intellectual property law can be regarded as an institutional civilization, or a possible institutional risk. Some risks, such as the cultural risk, the environmental risk, the genetic technology risk, the network risk and so on, are mainly the “endogenous risk” of the intellectual property institution. In the process of constructing the legal system and legal order of intellectual property, how to overcome the congenital defects and potential risks in the existing system, increase the risk awareness, enhance the capacity of identifying risks, and find a reasonable risk control mechanism are the contemporary problems confronted by the intellectual property academics all over the world.The legal governance of the risks of the intellectual property system should adhere to the ideas of harmonization in different aspects, such as value rationality and instrumental rationality, individual rights and individual liabilities, legal control and technical control, and so on. Except these above, in order to establish an ideological and institutional system to cope with risk society, mechanisms such as the protection of traditional knowledge, the reservation of public domain, open access and creative commons license, and the innovative award to new knowledge can be served as substitutive or supplementary approaches. This is an important legal method to respond to the risks of the intellectual property system and also an essential reforming path to achieve the value of the intellectual property law. |
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