Modernization of intellectual property system,In Europe and the United States, it is a legal civilization that accompanied industrial civilization,In a developing country, it is a institutional leap on the localization of law。The laws of China's exploration system civilization and modern governance,The strategy of coordinating the construction and innovation development of the rule of law,Cracking problems in the overall situation and international changes,In the process of modernization of the intellectual property system, his own ideological and intellectual experience and practical experience,A "China Road" with modernization of intellectual property system。
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Value target involves the question of "what values to promote the law" and "what values of the law itself"。In the legal value system,Innovation is the value soul of the intellectual property system,Intellectual property itself is the product of innovation in the field of private law,At the same time to achieve technological innovation、Knowledge Innovation of Cultural Innovation as a mission。Innovative value is reflected in the system design and legal practice activities of intellectual property。In the legal property legal value system,Inspired private innovation、Promoting social development,is a target system that covers Zhou Yan and has an ideal direction,It exists in the system specifications from legal to policy; the realization of this value goal,Legal value practice activity depends on social subjects,Including national legislation、Law Enforcement、Justice、The process and results of the operation of the rule of law system formed by the law abide by the law。Speaking,The intellectual property system is adjusted based on the social relationship based on intellectual innovation.,Expressing protection of knowledge and property、Respect the value orientation of innovative activities。
The realization of legal value targets depends on the legal practice activity of social subjects,The legal value of "innovation" is about to be transformed into a "innovation development" progressive progress of the rule of law。In China,The implementation and implementation of intellectual property laws and strategies,is a great institutional innovation practice carried out by the whole society。Innovation practice is bet365 Play online games the selection of value of Chinese innovation、The process of value evaluation and value practice,is a classic manifestation of intellectual property system from localization to modernization。In the constituent of the intellectual property system innovation,,The state and enterprises have their own responsibilities,but mutual complement。Where,State's core position in the institutional innovation system,In the supply of intellectual property system,Targeting the establishment of a national innovation system,The implementation and creation system of the system target design and creation system,Promote the innovative activities of the company's knowledge、specifications and guidance; Enterprises have the basic role in the national innovation system,It is both an investment entity of knowledge innovation、Development subject and interest subject,It is also a business management system、Mechanism and other institutional innovation activity subjects、Implementation subject and responsibility subject。Where is the theory of innovation,The mission of an entrepreneur is to complete corporate innovation activities。Generally speaking,The modernization of China's intellectual property system is in terms of target arrangements and its implementation path,Efforts to realize the historic leap of modern rule of law,Constructing an intellectual property system suitable for local cultural context and social development,thus enriching the system template of the international intellectual property system,It is the diverse expression of the modernization of the intellectual property system。
Phase selection of modern movement
Modernization of intellectual property law is not a one -time exercise result,but the long -term development process,This process can take different advance strength and speed at different stages。2005 UN report quoted the Opinions of the Millennium Project Expert,I proposed a adjustment plan for intellectual property protection in different countries,Under the premise of complying with the minimum protection standards of international conventions,You can choose different intellectual property systems according to your development stage and development level。The above suggestions contain two principles of staged selection: First, the principle of consistent with the "minimum protection standard"。"Minimum Protection Standard" is the basic principle of the International Convention,Provide a unified standard for the protection of intellectual property rights for each parties,Its function is to overcome the differences of legal rules between the contracting countries,It is in this Bet365 app download sense,Intellectual property legislation of various countries has appeared "integration" and "internationalization" trend。Totally,The Choice of the State of the Contracting State of Intellectual Property Rights,It can be exceeded in the protection standard but not lower than the convention regulations。The second is to be with local technology、Principles that are compatible with the level of economic development。Technology、The level of economic development,It is a social condition for a country to choose intellectual property laws。The so -called staged selection,is the selection based on national conditions,A coordination of localization and modernization of the law。So,Selection of the level of protection of intellectual property law,Technology cannot be behind or beyond a certain historical stage、The level of economic development。To sum up,Based on local national conditions is the foundation,Pharmaceutical selection is conditional; but,Following the "minimum protection standard" is the principle,Phase selection is limited。Developing countries can make conditions on the protection of intellectual property rights、There are restricted institutional arrangements。According to the opinions of special institutions research,Developing countries may be at different stages of development and have different development capabilities,Can't generalize。Strategic observation from long -term development,Some developing countries are in technology、When the cultural industry conditions are met,Adopting a higher level of intellectual property protection will help local development and progress。
Since the reform and opening up,China Intellectual Property Legislative Work,After experiencing the "initial construction of the law" (from the early 1980s to the early 1990s)、"Legal Development" (from the early 1990s to the beginning of the 21st century)、"Legal perfect" (from the beginning of the 21st century to the present),Basically completed the historical task of legal framework grass and even legal modernization。According to the modern requirements of the intellectual property system,For local basic national conditions and development needs,China has adopted the legal position and policy arrangement with consistent between the times and phases,Not only follows the "minimum protection standard" of international traffic,also draws on the beneficial experience of high -level protection of developed countries in developed countries; both focus on new technology、New format、Innovation of intellectual property system in the new field,It also fully considers the impact of the system generation on economic bet365 best casino games and social development; not only starting from the compulsory regulations of international protection,Equal protection of the intellectual achievements of foreigners,Exceptions of the Convention at the same time,Seeking full use of knowledge information,From this to build a science、Reasonable and effective modern intellectual property system。It can be said,The stage of modernization is an important manifestation of the diversity of modern models。In China,From the localization of modernization goals to the modernization of localization,Nothing is a stage choice and practice,The construction of China's intellectual property system shows the "China Process" of the modern movement。
Traditional protection composed of modernization
For a long time,Traditional culture and genetic resources are in a vacuum state of rights,This has led to the imbalance of interests in East and Western countries。As some scholars have pointed out,The source of intellectuals in developing countries will be placed in the public domain,The results of the intellectual creation of developed countries are closely in the hands of private companies。It seems impossible to use traditional culture and genetic resources as the "new object" of intellectual property rights,This is because they lack the basic elements of intellectual property protection,or the subject of the right is difficult to be specific,or authorized conditions cannot be available,or the protection period cannot be calculated,These are all with intellectual property law to protect private innovation、The concept of modern innovation does not match。Face the above problems,The international community is discussing a brand new right system, namely "traditional resource right"。This system protects the "traditional" property、"Source" property,This property provides creative sources for modern "knowledge property"。Eastern and Western countries are controversial for the rights structure of the traditional resource protection system,Some developed countries are advocated to provide limited protection in the form of existing intellectual property。No matter what,National society must effectively should effectively issue non -modernity in the modernization of the intellectual property system,This not only reflects the formation of a new interest pattern,It also shows some change of intellectual property law。
China, as a major country with long traditional culture and rich genetic resources,Pay attention to the legal protection of traditional resources,Its institutional arrangement shows other modernized legislative orientation with some developed countries: in the field of traditional Bet365 app download culture,A dual model of the protection of intangible cultural heritage (cultural rights) and folk literature and art protection (intellectual property protection); in the field of genetic resources,transforms the principles of "informed consent" stipulated in the International Treat。These are other institutional arrangements with the current intellectual property laws,but did not shake the foundation of the international intellectual property protection system。In the international community,This system construction of China and other developing countries,Its value is to show its own,but also belongs to the world。
The operating mechanism of the modernization process
The formation of the operating mechanism of the Chinese intellectual property system,Demonstrate legal claims and policy ideas in the sense of local resources。Regarding the legal property legal operation mechanism,Pay attention to the legitimacy and rationality of legal construction, as well as the effectiveness and properness of the implementation of the law,Basic concepts and measures to form local governance and participate in global governance: First, "good law and good governance"。Shanzhi is the rule of science,Based on the good method。Intellectual property law is an institutional logo for national modernization,It is necessary to maintain the advanced nature of the law itself and the progress of promoting social development。The second is "harmonious rule of law"。Harmony is the rule of civilization,A goal of realizing the civilization of the rule of law。"Harmony Law" in the field of intellectual property rights in China,Emphasize human harmony、Harmony of society、Natural harmony,and people and society、Natural coexistence and progress of nature。Third is "multiple co -governance"。Multi -subject participation,It is "the rule of democracy",In international affairs, it is "the rule of cooperation"。State governance of intellectual property rights,It means Chinese and foreign subjects、Public and private subjects and other diverse subjects participate in intellectual property activities and enjoy equal protection; at the same time,Constructing a judicial referee、Administrative Law Enforcement、Industry arbitration、Merrades from third party、The "Diversified Dispute Solution Mechanism" of corporate autonomy,The significance of participating in the country and society。Global governance of intellectual property rights,should be the "governance of cooperation" based on political multi -polarization and economic globalization。
Regarding the development bet365 best casino games mechanism of intellectual property rights,Activity in the policy operation process and strategic development dynamic system,guidance、Basic features of coordination and performance。In China,Follow the new development concept,Key tasks for strengthening the development of intellectual property rights。
First, the creation of intellectual property rights。High -quality creation is the basic connotation of innovation and development。Creation is the source of all intellectual property activities,Creativity is the primary factor that reflects the strength of intellectual property。China is committed to "building a modern economic system" and realizing "high -quality development",A new socio -economic form with the dominant position of innovative knowledge。In the intellectual property context,The so -called new economy is patented、"Innovation Economy" supported by technical secrets、"Creative Economy" with copyright content and trademark、"Brand Economy" as a characteristic of geographical indication。Speaking,Intellectual property creation needs to produce high -quality intellectual property products,Including core technology patents、Copyright boutique、Well -known brand,"Realize the creation of intellectual property rights from multi -direction excellence、Transformation from large to strong "。
Second, the use of intellectual property rights。The use of high benefits is an important path for innovation and development。Intellectual property itself is just an exclusive legal authorization,Need to form real productivity in the market,Benefits of economic and social development can be generated,Intellectual property acts in intellectual production and business activities,Basic ways such as "industrialization", "commercialization" and "capitalization"。The use of intellectual property rights is an important way for innovation and development,The added value composition of its rights、Product share ratio、Industrial conversion ratio、contribution rate to economic development,None is the performance evaluation element of the use of intellectual property rights。Generally speaking,It should focus on improving the scientific and technological competitiveness of the innovative countries、Cultural products soft power and brand economic influence,"Realize the use of intellectual property rights from a single benefit to comprehensive benefits"。
Third is the protection of intellectual property rights。High -level protection is an institutional guarantee for innovative development。Intellectual property protection is the legal order in the international economic and trade field,It is also the institutional foundation of local innovation and development。In the Bet365 lotto review new economic form,High -tech industries and cultural and creative industries are called "intellectual property dense industries",The key is that the existence and development of the industry is based on the protection of rights。It can be said,Protection of intellectual property rights is to protect innovation and development。China is committed to improving the intellectual property protection system,Enhance the judicial efficiency of intellectual property rights,Improve intellectual property administrative law enforcement capabilities,Establish a long -term mechanism for curbing infringement,Create the rule of law environment that is conducive to innovation and development,"Realizing intellectual property protection from continuously strengthening to comprehensive and strict transformation"。
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