The 20th National Congress of the Party and the development of intellectual property law
March 31, 2023 08:57 Source: "China Social Sciences" March 31, 2023 Issue 2622 Author: Yi Jiming

Since the reform and opening up,Intellectual property law has achieved greater development。especially,After joining the World Trade Organization,Intellectual Property Law is a rapid advance。After the intellectual property law is included in the core curriculum system of the law,Central Committee of the Communist Party of China、The "Outline of the Construction of Intellectual Property Rights (2021-2035)" issued by the State Council also supports the establishment of intellectual property professional degrees and intellectual property first -level disciplines。The 20th National Congress of the Party emphasizes the talent support of modern construction from the perspective of science and education、Proposal from the construction of rule of law from the perspective of comprehensively governing the country in accordance with the law、Frequent new glory of Chinese culture from the perspective of cultural self -confidence、Promote high -quality development from the perspective of a new development pattern,Demonstrate the existence of intellectual property rights and its value。

  bet365 Play online games Differential and Nirvana

1952 hospital adjustment,The first transformation of law education in New China,Imitation of the Soviet Education model for the cultivation of legal talents。In the early stage of reform and opening up,Revisibility of Chinese Law Education,It is also the second transition,A dual mode based on the "Five Hospitals and Four Series"。After the expansion of higher education,This dual mode education organization structure is disrupted。Starting in the mid -to -late 1990s,Chinese law education began to explore new dual structures,On the basis of exploring the vocational education of law,Gradually form a new binary structure based on academic education and vocational education。2006 Master of Law Education to Right,Establish a new Bet365 lotto review dual structure,Is the third transformation of Chinese legal education。Subsequent,The education scale of the Master of Law is increasingly expanded,The scale of academic degree education gradually reduces。Development is so far,New dual structure starts new differentiation。Two iconic trends: First, the training of international legal talents; second, the training of intellectual property talents。

International legal talents and intellectual property talents are always intertwined。but but,Regardless of the development of international law。2021 Intellectual property discipline,Is the Phoenix Nirvana in the Third Transformation of Law Education。The main line of the third transformation of legal education,From emphasizing the improvement of legal literacy to the transfer of legal vocational education,provides basic education and vocational training for legal professional groups。The development of intellectual property subjects is also the same,It promotes the formation of the professional community of intellectual property rights,Practical training and education based on this group。So,From the perspective of law,This is Nirvana Rebirth,Because of the test is first of all, the tolerance of legal education itself,Then bring traditional legal knowledge updates and educational revolution。

  Intellectual Property Lawis the basis for the development of media economic and social

Some scholars think,Intellectual property rights under civil rights,Not independent,This is from the perspective of private rights。Walk to today,Does the traditional legal education model accept the independence of intellectual property subjects? From the perspective of law,Intellectual Property Law has gradually gone from "primary school" and "edge disciplines" to the center of the stage of legal education,Become "Xue Xue" in law; at the same time,People gradually discover the independent character of the intellectual property discipline under the law of law。This is not only because of the importance of intellectual property itself,Also because intellectual property rights are also controlled by other industries。bet365 best casino games Take standard necessary patents as an example,Patent rights are not only based on rights,It will also control the industrial chain。other,Intellectual property as a right,Compared to the traditional state of right,Right composition is more complicated。Therefore,Although we can understand that intellectual property rights are still under the laws of law and law,But its independent character is increasingly prominent,and blend other disciplines,Is an indisputable fact。

The 20th National Congress of the Party emphasizes the establishment of a new development pattern,The efforts are innovation -driven development,In fact, it is to promote the strategy of intellectual property power。Construction of modern industrial system、Promoting rural revitalization、Promote opening to the outside world、Breaking through the United States to curb China's "technical blockade" or "card neck",Its strategic support point is enhancement of intellectual property elements。Private rights within the scope of our usual cognition、Property Rights Transaction、Free trade and other concepts are different,Intellectual property has become an important national strategic resource to some extent,Have a strong public policy color。Development of copyrights related to the cultural industry,is the same。The core of cultural content innovation is the innovation of copyright works。Recently proposed by the central government for development of science and technology law、Digital Law、Cultural Law, etc.,Its core content is the creation of intellectual property rights。

  Intellectual Property Law:The creation and application of "rights+" object

What is the subject of intellectual property? It can be explained as the original basis of law,That is to add additions on the basis of rights,"Rights+" Rights object (object) creation and application research。From the perspective of legal dimension,Property rights belong to the category of economics,Intellectual property rights can be decomposed as knowledge and knowledge property; knowledge as property,Formed on the basis of creation,Therefore, there is knowledge property and knowledge property rights。

bet365 Play online games Discussion of intellectual property law,We have to discuss knowledge science or knowledge and property。Intellectual property has knowledge as a property、Wealth,On the basis of rights, the creation and application of knowledge。Discuss these concepts,We found that intellectual property law includes the evolution of knowledge,and the correlation between the evolution of knowledge and civilization。For example, the geographical indication is historic,seems to have nothing to do with knowledge innovation,But geographical logo products such as Jinhua ham,and the local soil and water、Climate、Natural environment、breeding technology、Production process and history、Diet、Humanities and other characteristics,All related。Environmental changes,Differences of product physical and chemical indicators,The changes in customs and customs,lifestyle is closely related to the form of civilization。"Chinese -style modernization" proposed by the 20th National Congress of the Party,There is an important symbol that is related to this related historical culture and lifestyle,These elements together constitute a certain characteristic of Chinese -style civilization form。

The evolution of knowledge constitutes a part of social civilization。During the evolution of knowledge,In addition to the great narrative,Also analyze the innovation and use of specific knowledge,Including science and engineering agricultural medicine、Specific analysis of humanities and social sciences and other sense。In the field of science and engineering and medicine,Scientific researchers lack special training for knowledge rights or knowledge innovation management,It is difficult to maintain good self -innovation。At the same time,The extension of the follow -up of innovation,that is, the use of industrial technology in basic and application research and scale、Marketization and other links,Can't systematically measure。The field of humanities and social sciences is the same。For example, online literature creation and its creation chain,bet365 best casino games From online literature to film and television,The use of scene applications and commercialization,and the development of the game or theme park,All are content innovation,The core is copyright。But subsequent preface innovation,There is a long industrial chain。This kind of integration of knowledge、Renewal and its fusion,Science and Technology Agricultural Medicine、Humanities and Social Sciences are blended with each other。Innovation of knowledge always forms tension with traditional disciplines,to promote the continuous evolution of knowledge。This requires cross、Cooperation and cooperation。For example,We study artificial intelligence or digital law,If there is a lack of engineering foundation,There is always the feeling of itching of the boots,It is difficult to get original results。Therefore,The positioning of intellectual property subjects is "rights+",Especially with the creation and application of knowledge as research objects。

  Formation of the professional community of intellectual property rights

Professionalization of intellectual property law、Professional,It is to form the formation of the professional community of intellectual property rights。Occupational Classification Ceremony,"Intellectual Profit Professional Talent" in a total of eight related occupations。Where,Technology worker、Technology management personnel need to carry out intellectual property professional education。In fact,Patent、Trademark、Geographical indication、New plant varieties and other reviewers originated from science and engineering major,Professional training from about two to two years needs to be conducted。Taking patent review as an example,Generally speaking,It takes half a year of post training、One year's master with teaching and one -year master guidance,Gradually can carry out the review business independently。Current,Technical Examiner's professional skills training,It is mainly the pre -training system of the Talent Post Office of the State Intellectual Property Office; and this training,This should be completed in the professional bet365 best casino games degree education of intellectual property rights,This is the lack of college education。

Patent agent、Intellectual property lawyer、Intellectual property prosecutor、Intellectual Property Judge,Gradually become a relatively fixed professional group。Under the system of the highest prosecution and its provincial procuratorial organs,Start setting up the Intellectual Property Procuratorate,Related comprehensive procuratorial business (including intellectual property public interest litigation) gradually expands。As far as intellectual property professional judges are concerned,In Germany,Technical judges and ordinary judges have different settings and requirements,You can learn from。The European Unified Patent Court, which is about to start soon,,There are also this consideration。For the intellectual property operation of the enterprise,Except for traditional intellectual property affairs and legal personnel,Large state -owned enterprises are still promoting intellectual property commissioners。Consider technology、Industry and field characteristics,Many companies、The industry needs to introduce intellectual property commissioners。

Last,It is also the most important thing is that intellectual property administrative personnel and intellectual property teachers。Current,Administrative personnel under the system of the National Intellectual Property Office,A large number of patent reviewers,strong professional and technical,Lack of the media right media industry、Cognition of economic and social relations。Universities Intellectual Property Teachers,Mainly law education,Lack of cross -disciplinary training; even when traditional law school introduces talents,It is difficult to from multi -discipline、Multi -dimensional perspective review intellectual property teacher,thus caught in the ecology of the "inner roll" of law。

Generally speaking,Intellectual property professional groups have common professional ethics and morals、Common ethics and beliefs,and the knowledge structure required by common。Very true,During the formation of the professional community,You also need to consider bet365 Play online games derivative occupations,For example, inheritors of intangible cultural heritage、folk handicrafts,Including traditional knowledge、Practitioners in the field of Chinese medicine。

(The author is the director of the International Intellectual Property Research Center of Peking University、Professor of Law School)

Editor in charge: Changchang
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