I. The academic orientation and research implications of chineseization of intellectual property theory
The study “theoretical system of intellectual property rights in china” provides a comprehensive summary of the underlying ideological thrust and theoretical content of chinese intellectual property construction practice, and a logical summary of individual theories and fragments of intellectual property theoretical research, thus creating a “unique” theoretical “model” of “china”. This systematic intellectual property doctrine has the following characteristics:
(i) “knowledge” in modern legal theory systems. Research on intellectual property theory systems has helped to promote the development of legal theory systems. At the moment, and in response to the call for the construction of a “socialist system of chinese identity”, scholars have made efforts to innovate in theory, in accordance with the needs of social practice. This theoretical system must be based on practical experience and intellectual achievements in specific disciplines, of which the legal theory system is an important component. Based on this need, the legal profession is building a “theory system of theory that both points to the independent knowledge structure of the law, with a distinct chinese and socialist character”. In turn, the refinement of the theoretical system of intellectual property rights is an important indicator of the progress towards prosperity and maturity of chinese legal research. In modern legal theory systems, intellectual property doctrine is the “knowledge version” of the most scientific and innovative elements. The intellectual property system is based on the science and technology revolution, which has transformed its institutional history as a process of interaction and mutual reinforcement between legal system innovation and knowledge innovation, including between science, technology and cultural innovation. The modernity of the intellectual property system demonstrates the modernity of the system. From the point of view of the legal nature of institutional innovation and the value of intellectual innovation, theoretical excavations and intellectual summaries of intellectual property law's intrinsic composition, intrinsic characteristics, external relations and operating patterns are major academic tasks facing the intellectual property community in china. In other words, the creation of a “knowledge version” of the chinese legal theory system, which maps all aspects and processes of the legal phenomenon of intellectual innovation, and the knowledge system that characterizes the independent character of intellectual property rights, is the construction of intellectual property theory。
(ii) “consolidated version” of intellectual property “knowledge systems”. The basic task of the intellectual property theory system is to form a system of scope and knowledge that differs from purely political and moral discourse, with a specific logical composition. Scope is an essential element of the theory of discipline, the scientific nature of which depends on the scope and the scientific nature of its content. The construction of a scope system is an essential path for science to mature. The theoretical study of the basic scope of intellectual property rights deals mainly with the theoretical, value-based, policy-oriented, operational, institutional and cultural spheres. These issues are mainly but not exclusively related to legal research. Modern intellectual property rights (iprs) are a vast institutional system in which copyright occurs in the field of cultural creativity and is closely linked to cultural innovation and industries; patent rights arise in the field of technological applications and are closely linked to science, technology and innovation; and trademark rights operate in the field of business, involving issues such as marketing of goods and competition in markets. Under the age of the knowledge-based economy, the effects of the implementation of the intellectual property system are linked to the economic development, scientific progress and cultural prosperity of a country, while in the international context of economic globalization, intellectual property protection is related to international politics, international economics and trade, international cultural and scientific exchange and cooperation. In this context, the study of intellectual property rights from the point of view of legal theory, as it should be, is also necessary to look at the intellectual property system from a wide range of perspectives and perspectives, taking into account the theories of economics, management, politics, sociology, ethics and policy science. Thus, the theoretical scope of intellectual property rights should be more than a “legal version”, but rather a “comprehensive version” of knowledge system。
(iii) “model version” of intellectual property claims from developing countries. Western countries were the first implementers and beneficiaries of intellectual property regimes, which were the result of spontaneous social and legal changes in those countries at the time. The earlier intellectual property legislation was infuriated by the concept of the value of natural jurisprudence as a proponent of rights and individual freedoms and as a pursuit of human rationality, which was the humanist foundation and spirituality of the legal construction of intellectual property. For most developing countries, intellectual property legislation is a “passive transplant”. There is an inherent need for legal change, but in many cases it is imposed by foreign forces, so that “systems” are home-grown with a cultural basis that lacks social identity and a country-specific theoretical interpretation. In essence, for a considerable period of time, developing countries have built their own physical legal systems, the “hardware” system of intellectual property rights, without the legal spirit that is embedded in the autonomous term, the “software” system of intellectual property rights. While the world trade organization and its agreement on intellectual property rights provide common rules for the protection of intellectual property rights in all countries in an integrated manner, countries with different levels of development have an autonomous voice in their understanding and interpretation of intellectual property rights. In a sense, this is also the “verbal power” of a state and national intellectual property regime. In contemporary china, the process of indigenousization of intellectual property systems is also a process of modernization of the rule of law and the development of intellectual property strategies. As far as the modernization of the rule of law is concerned, the former director-general of the world intellectual property organization, boggsho, has highly evaluated: it had taken china less than 20 years to complete the process of intellectual property legislation in the west, which it had been able to complete for a hundred or 200 years. In terms of strategic development, the current director-general of the world intellectual property organization had greatly appreciated the fact that china had increased intellectual property rights to a national strategy and that its experience was worth learning from, particularly in developing countries. Intellectual property rights (iprs) are the institutional safeguards and policy support for building an innovative state in china, and the implementation of its laws and strategies is a great innovation of the system across society. Empirical and intellectual research on the construction of intellectual property rights in china and the construction of intellectual property systems, supported by the country's cultural traditions, have a leading and exemplary role in shaping an autonomous theoretical system for developing countries in the international community。
(iv) “china version” of the international intellectual property discourse. The international intellectual property regime, with more than a hundred years of history to date, be it the earlier paris pact, the berne convention, or the present-day agreement on intellectual property rights, although it was the result of a game of cooperation among states, was undoubtedly concluded under the auspices of western countries, with a legislative paradigm of western centralism. Correspondingly, the expression “mainstream international academic thinking”, i. E. The prevailing mindsets, values and theoretical systems of western countries, has been able to take a leading role in the international intellectual property community. In the extreme view of intellectual property fundamentalism, intellectual property law in developed countries was the only way to promote development, and the misappropriation of intellectual property was no different from terrorism. In the international discourse on intellectual property rights, we need to “china’s voice” and “china’s voice” to modify the international legislative orientation of western centralism and to seek a more just and rational intellectual property international order. The international regime for the protection of intellectual property rights, like other legal systems, “should be a global legal mechanism and international norms of which sovereign states are close to each other, mutually agreeable and interconnected, which is an integral assembly of rules and accumulated experience of adjustment created by social agents of different nations, reflecting the universal historical norms of human legal practice and reflecting the legal wisdom and pursuit of reason”. It follows that the intellectual basis for the existence of the international intellectual property protection regime should not be western centralism or, of course, national chauvinism. The international discourse of intellectual property rights is based on the concept of legal values and legal beliefs shared by human beings, while at the same time bringing about an interactive development of diverse legal cultures and legal ideas. China's intellectual property community, while absorbing the results of the global common legal civilization and the advanced legal concepts of foreign countries, has focused more on home-grown theoretical innovation and self-reliance, and has sought to explore intellectual property theory, including rules of law interpretation and the application of policy, that is appropriate to chinese linguistic and cultural contexts, with the ultimate aim of building a system of intellectual property discourse in large developing countries. It is critical and constructive for the international intellectual property theory system。
The search for chineseization of intellectual property theory systems and the consolidation of contemporary chinese intellectual property research and practical experience into a theoretical system with an intrinsic logical structure are major academic tasks facing the intellectual property community. The formation of the chinese sui generis intellectual property theory system is both theoretical and practical; its value belongs to china and to the world. These are described below:
First, it provides a solid theoretical underpinning for intellectual property development。
The architecture of intellectual property theory has been completed in the process of transformation and development of intellectual property systems in developed countries. The civilizational experience with the rule of law in western intellectual property is that the spirit of private law serves as the basis for the formation of private law systems and the idea of implementing the spirit of private law in the operation of private law systems, thereby reconciling the spirit of private law with the system of private law. In essence, the privateization of intellectual resources is the essence and thrust of western intellectual property systems. The study of intellectual property theory and chineseization is necessary for the country's basic conditions and for innovative development. Intellectual property regimes must be adapted to a country's stage of social and economic development in order to truly function, and the construction of national intellectual property systems needs to be guided by scientific theories that are appropriate to national circumstances. China's intellectual property doctrine is based on the development needs of china's intellectual property industry. It explores the major issues of institution-building, industrial development, environmental governance and cultural development in its native language. In contemporary china, intellectual property rights had been placed in national innovation systems. As a policy support and institutional guarantee for building an innovative state, intellectual property rights are a strategic arrangement to move away from resource-consumption and technology-dependent approaches to development, a strategic arrangement to bring about innovation-driven development, and a strategic initiative to guarantee our economic security, cultural sovereignty and the right to science and technology development. The above situation makes intellectual property research in china different from the theoretical needs and problem orientation of western countries. In other words, the institutionalized chinese interpretation of intellectual property theory is meant to solve china’s problems, show china’s path and provide theoretical support for china’s innovative development in the new century。
Second, providing scientific intellectual support for the rule of law in intellectual property。
The 100-year history of china's intellectual property system is a legal change from “pushing me to using me”. Since the reform and opening-up, china has made great strides in its intellectual property rights (ipr) business and has become a major intellectual property power with international implications. During this period, the process of intellectual property legislation has been significantly accelerated, reform of intellectual property law has progressed gradually, intellectual property law enforcement has intensified and the construction of an intellectual property culture has begun to bear fruit. In this context, intellectual property research has also evolved from the introduction and interpretation of traditional academic concepts and intellectual theories into systematic thinking on new issues in the rule-of-law process of our intellectual property rights, providing a theoretical reading of our legislation, judiciary, law enforcement and law-abiding social practices, and initiating intellectual property theoretical innovations that address china's realities and serve its development needs. The second decade of the twenty-first century will be a critical period for building a socialist, rule-of-law and innovative state in our country. The rule of law in intellectual property will inevitably face a more complex and fluid international and domestic situation. It will inevitably face a much more demanding and difficult task of reforming and developing. It will therefore require more scientific and pragmatic intellectual theory to lead practice. The academic community should provide valuable intellectual support and necessary theoretical justification for the rule of law in intellectual property in our country。
Thirdly, it provides important intellectual outcomes for building international soft power in intellectual property。
As the degree of economic globalization increases further, western countries have challenged the rule of law environment in our country in terms of international dispute-making and the international economic and trade order, of which intellectual property rights are the focus. Intellectual property is an international and integrated legal system that demonstrates the global commonality of the basic principles and norms of intellectual property protection. At the international level, western countries tend to make intellectual property a key element of their competition strategies, constantly raising the level of international intellectual property protection standards and enforcement through multilateral, bilateral and even unilateral approaches, with the aim of shaping the business environment and maintaining competitive advantages for their country's ipr-intensive industries. In this context, our research on intellectual property rights in the new century should be based more on an international perspective and take stock of the evolution of the intellectual property rights system in the era of economic globalization. On the one hand, it should rationally absorb advanced legal concepts and systems, explore development paths that correspond to china's own needs, address the challenges that western countries face to our political, economic, cultural, scientific and technological policies by using its intellectual property language system to provide the necessary theoretical preparations for our country's participation in global cooperation. On the other hand, it should actively promote research on chinese intellectual property theory and practice, on the basis of adherence to china's distinctive concept of the rule of law, in an effort to demonstrate the intellectual contribution of chinese intellectual property research and raise the soft power of china's intellectual property system in the international community。
