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The Study Of Intellectual Property Development In The Perspective Of Right To Development

Posted on:2012-04-23Degree:DoctorType:Dissertation
Country:ChinaCandidate:R TengFull Text:PDF
GTID:1226330344951842Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In the 21st century today in this era, international community of intellectual property is a hot issue of common concern in knowledge economy era, or global institutional basis and can be fruitful dialogue arena. From domestic to international, intellectual property had the best development opportunity, also met with unprecedented challenges.From the international level, with worldwide for each subject in international law, political, economic, technological and cultural fields contacts deeply, with the development of globalization, the intellectual property became the generality of international rules, especially in the world trade organization’s "intellectual property agreement (TRIPS) in the global scope, let the full implementation of the intellectual property right after from the basic system creatio field for international trade field rise in the future, intellectual property rules of the role of social development in the global scope has been promoted to unprecedented levels, it also marked the intellectual property system development to a unified standard in the new stage. Meanwhile, as the international protection of intellectual property law system, the main "knowledge property agreement" in the international society operation, also exist many problems, such as intellectual property rights and privacy, including health, performance freedom, spirit rights, development and other basic human rights there are serious conflict, geographical indication protection, such as genetic resources and traditional knowledge exist on issues such as sharp dispute, "has not only between developed and developing countries with game against the north and south of "new world ", and "old world" state and the "new" between countries "old" conflicts and disputes, the more there are numerous international organizations in the field of intellectual property rights conflict and participation."In the domestic level,30 years ago, intellectual property rights in the minds of the Chinese basic is blank, the value of knowledge wealth is basically neglected. The Chinese government in 1980 made accession to the world intellectual property organization (WIPO) decision, the initiative will was nearly a quarter of the global population of China into the international intellectual property system, and in subsequent 30 years to 1.3 billion people, spread in intellectual property culture at the same time, committed to build, development and continuous improvement a coordinated with the international rules and is consistent with China’s national conditions and developmental needs of intellectual property system. Such a system, "to China’s economy, science and technology, trade and culture plays an important role in promoting the development and also to intellectual property system and culture in the world of universal and implement made a positive contribution." As then-president world intellectual property organization (WIPO) director-general of the BaoGe Mr DE Xu summarizes the organization to cooperate with China after 20 years history of that China was ealuated with less than 20 years time, through the western countries can carry out one or two hundred years of intellectual property legislation process, the accomplishment of remarkable. Especially in 2008 under the state council on June 5, the formal promulgation outline of national intellectual property strategy, more make our country becomes after Japan in Asia after second, issued by the national intellectual property strategy, it also marked the country further promote intellectual property in China for the development of social role, and by strengthening self-directed innovation upgrading national international competitiveness, state proved, this also is the basic strategy of economic and social development. Of course, while China’s intellectual property legal construction has made such a great achievements in China, although the intellectual property law system and most developing countries is advanced, compared with developed countries, but also no less from the intellectual property as a national basic state policy point of view, there are still many problems, such as lack of whole society intellectual property culture, intellectual property law and other civil law system, cohesive enough intellectual property rights protection, intellectual property rights are still lack the phenomenon, the traditional abounds abuse of intellectual property legislation cultural fields relatively backward, etc.The intellectual property rights of the "best of times" and "the worst of times" of intellectual property, let the people to rely more and more on intellectual property development present situation filled with joy, for its development in puzzlement also had whiny sadness. Facts also is really so, since the 1980s, intellectual property law and economics in China in the field of vocabulary, start frequent appearances even make western scholars also sent out such doubt:property rights how exactly? These discussions, although directly from property right of recession in the role, but it doesn’t directly because of intellectual property rights, but indirectly involved include intellectual property, the so-called "right to the property of the beam" embarrassment. This shows intellectual property including legal and economic in indeed two large areas of the whole society, has a great influence. These caused by intellectual property a series of problems, also let law especially research path and the property of the whole subject content even nature and connotation, can happen surprising changes. In view of this, from the perspective of development, comb with the development and context of intellectual property, and to sum up the future development trend, for the whole of discipline research, also should be of concern is good.This research will be combed the intellectual property and development from the relationship between intellectual property after the start, produced by intellectual property rights, argues the evolution process of the intellectual property right and social development interaction. Then, we will also demonstrates in development vision, intellectual property rights under the trend of globalization and procedure, and the traditional culture etc, to demonstrate the influence of intellectual property rights in the development of itself in the process of comprehensive influence.Anyhow, the emergence of economic globalization and knowledge economy rise of intellectual property system has a subtle influence. In development for a common pursuit of developed countries and developing countries in the construction of the intellectual property system in new international vision, displayed before under centuries with quite different features of The Times, in addition to the pursuit of social development outside the constitutional considerations, nor ignore the law system of international integration of domestic systematism rational choice. China’s intellectual property system in this context, the development vision should, according to local requirements under the change, supine international, chasing the trend of The Times and steadfast in the choice of their modernization and cultural change, the correct procedure and internationalization path.
Keywords/Search Tags:Right to development, Intellectual Property, Development
PDF Full Text Request
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