Study On Government's Expenditure Liabilities In China's Public Service Of Intellectual Property

Innovation-driven development is an inevitable trend of the world's economic development. China is entering the critical period of building an innovative country. Resources, environment, overcapacity and other bottlenecks become prominent, and the innovation-driven development, though forced by situation, is the only road to construct an innovative country.Knowledge is the most essential factor in innovation-driven process, intellectual property has become the strategic resources of national development and the key element of international competitiveness, and the intellectual property development is the critical path and means of innovation drive. Since the promulgation of National Intellectual Property Strategy in 2008, intellectual property has acquired development to a certain extent:the intellectual property laws and regulations have been perfected, the social environment for intellectual property construction has improved significantly, intellectual property awareness of the society has significantly enhanced. However, such development is not without discouraging sides:the intellectual property innovation is "large-scaled but not solid, multiple but not excellent"; the achievement transfer ratio and industrialization rate are low; the unbalanced regional development of intellectual property and the low degree of intellectual property internationalization are long-existing embarrassment in China.The intellectual property development shall be driven by the forces of the entire society, and government is a vital force to achieve the intellectual property development. In the market failure links, government is required to intervene, among which, public service is an important means. In the intellectual property innovation, utilization, protection, management and service links, government shall provide the intellectual property development with favorable system, public goods and other supplies. By providing public services, government performs its expenditure liability, which has great significance in boosting the intellectual property development and speeding up the innovation drive.Although the Tax-sharing reform in 1994 has a very important influence on the division of intergovernmental fiscal relations, it pays more attention to the tax sharing and differentiated financing, and fails to make clear division of functions between government and market as well as between governments, in particular the clear division of functions and expenditure liabilities between local governments. To make the government assume expenditure liabilities reasonably and comply with the public service needs of intellectual property, it is necessary to define scientifically the authorities and expenditure liabilities of governments at all levels on the basis of clear-cut boundaries between government and market.The study on government's expenditure liabilities in the public service of intellectual property mainly involves the following three aspects:first is handling the relations between government and market properly, and defining the government duties clearly; second is the division of government's expenditure liabilities in governments at all levels, including the division of central and local governments, the division between governments under the provincial levels; third is the effect inspection of the expenditure liability performance on the public service of intellectual property, which is the actual meaning of expenditure liability.Based on the before-mentioned background and analysis, this paper tries to answer the following questions:First, what are the connotation and denotation of the public service of intellectual property? Second, what are the current situations and problems of government's expenditure liabilities in the public service of intellectual property? Third, how is the public service of intellectual property affected by the performance of government's expenditure liabilities? Fourth, in the innovation-driven perspective, how to optimize the government's expenditure liabilities to further improve the public service of intellectual property? The key to answering such questions is employing the authority theory to analyze the expenditure liabilities and effects of the intellectual property innovation, utilization, protection, management and service links.This paper mainly studies the following aspects:1. Essential attributes and scope definition of public service of intellectual property. Proceeding from the connotation of intellectual property theory, it deeply analyzes the public policy of intellectual property, and elaborates the public goods character of intellectual property; furthermore, with the systematic analysis method, it defines the public service boundaries of intellectual property by analyzing the five system elements including intellectual property innovation, utilization, protection, management and service.2. Analysis on current situations and problems of government's expenditure liability performance. Utilizing the authority theory analysis framework, it analyzes different scenarios and causes of overstepping, absence and dislocation of government's expenditure liability performance in the public service fields of intellectual property from the perspective of public service authority and expenditure liability matching.3. Analysis on the influencing factors of public service of intellectual property. Based on the perspective of government's expenditure liability, it builds the panel data model, measures the effects of government expenditure and other expenditure liability factors on the public service of intellectual property through the government expenditure data for intellectual property, economic development level and other significant control variables. Empirical findings indicate that government's intellectual property protection, management and service expenditures are positively related to the public service of intellectual property. Due to defects of the government system itself, the market innovation environment and the division of central and local expenditure liabilities have no significant influence on the public service of intellectual property.4. International experience reference of government's expenditure liability definition. It investigates respectively the government's expenditure liability scopes of developed countries and developing countries represented by the USA, Japan, South Korea and India in the public service of intellectual property, analyzes the underlying logic of their expenditure liability performance and division, and introduces experience and revelation of government's expenditure liability performance and division in our public service of intellectual property.5. Ideas and measures to perfect the government's expenditure liability in the public service of intellectual property. It proposes the overall ideas, objectives and principles to optimize the expenditure liability, and define respectively the inter-governmental expenditure liabilities in our public service of intellectual property according to the function and project methods; finally, it explores the reform to our existing system and mechanism, making the government's expenditure liability match with the public service authority of intellectual property.