The Study On The Intellectual Property Rights Capacity Of Government

Intellectual property is based on the law produced in the creative and intellectual achievements and industrial marking, It was a transformation from a feudal privileges of private rights. However, with economic globalization and the development of a knowledge-based economy, knowledge-based economic development, international trade knowledge of the growing tendency, the competitive advantage of a country or region has developed from the traditional comparative advantages, competitive advantages for the development into the advantage of the Intellectual property rights in the country or region. To some extent, the future of the competition is the competition of intellectual property rights. For this reason, "national will" in the protection of intellectual property rights is highlighting. From the 1980s, in order to safeguard the interests of the country, maintain national competitiveness and enhance the country in the international community, all countries in the world strengthen the capacity-building in the intellectual property rights. In this case, how to build and enhance the capacity of intellectual property rights has become the key to a country or region in the future international competition.Although the capacity of intellectual property rights is a new concept, however, the practice of the Government's ability to intellectual property rights is the long-established. Intellectual Property refers to the ability of the Government in promoting the creation of intellectual property rights and its capacity in the management, protection and utilization through the use of public power, and the development of intellectual property rights system, such as intellectual property rights of public policy, the comprehension in the use of economic, administrative and legal means. From the content point of view, the capacity of intellectual property rights includes the ability to create intellectual property rights, intellectual property management, protection of intellectual property rights and the ability to use intellectual property rights; from the point of view level, the capacity-building of intellectual property rights can be divided into intellectual property law to build capacity, the ability to build a harmonious system of intellectual property rights and the concept of building intellectual property rights. The capacity of intellectual property rights has Policy-oriented features, the functions to provide the soft environment and functions to maintain intellectual property rights.Strengthening the capacity-building of intellectual property rights is based on both the theory as well as the reality. In theory, the intangible nature of intellectual property rights can not be decided on a direct way to share control of the rights, but to set up the legal system, that is, the intellectual property system to achieve the rights of control. It is the inherent characteristics of the intellectual property that decides the need for state intervention. From the nature of the evolution of intellectual property rights, intellectual property has always been based on the realities of national development and future development needs of the public policy choices and arrangements. From the need for the reality, globalization provides the necessary precondition in strengthening capacity-building of intellectual property rights for the government. Intellectual property advantage provides a historic opportunity for the capacity-building of intellectual property rights. Narrowing the knowledge gap between the knowledge society and building a harmonious society is urgent in the construction of intellectual property rights for the government.As the subject of cultivating the capability of intellectual property and the provider of the system of intellectual property, the government is required not only to set up the ideal of creativity, but also to develop the political system which is capable of respecting people and inspiring people's enthusiasm and creativity, and to make effort to construct open and inclusive political culture which is good for people's creativity. Public policy is the carrier of capacity-building, so the ability of the government mainly reflects through the development and implementation of its policies. The capacity-building of intellectual property rights is embodied by the establishment and implement of public policy of intellectual property rights (IPR system as the main body). As a result, the capacity-building of intellectual property rights has become the core of the intellectual property system in building government capacity.Internationally, the protection of intellectual property rights of international intellectual property system is the distribution of benefits of international mechanisms, mainly through the distribution of such intellectual property protection rules; domestically, reasonable intellectual property system has many functions, such as: promoting innovation, maintaining the balance of interests and safeguarding national policy. Intellectual property culture, as a special cultural area, its value lies not only in its refining and summing up the basis of certain social values, ethics and legal awareness of thinking to provide support for the culture in the implementation of the intellectual property system. More importantly, with the economic culture of intellectual property rights, intellectual property rights culture has become a national power an integral part of the power of a country. The transformation from Intellectual property rights to the power of a country is the result of the implementation of the intellectual property system. As a result, whether the intellectual property system can develop the culture industry and trade of intellectual property rights through the implementation of intellectual property rights to enhance the national strength of intellectual property rights or not, the government will be tested the ability of intellectual property rights.From my point of view the reality, since the reform and opening up, even though our government has made great achievements in building ability of intellectual property rights, but there are a number of constraints. Under the new situation, it is necessary to further enhance the ability of intellectual property rights, not only by building innovation-oriented government in order to adapt to meet the need in building an innovative country and the implementation of the national intellectual property strategy ; by improving the implementation of the national intellectual property strategy which is the core of the intellectual property system ,and giving full play to the public policy of the intellectual property system function; but also by building the culture of intellectual property rights, intellectual property rights with Chinese characteristics to create a good social atmosphere of intellectual property rights.