Study On The Functions Of NGOs From The Perspective Of IPR Global Governance

This paper explored the functions of NGOs in IPR global governance taking structure-functionism theory in politics science. As a political system, the structure of global IPR changed and took on functions different from before, to adapt to the changes in environment and keep the system in balance. The changes in structure are that the non-government subjects emerge in the decision-making and enforcement of IPR international rules, which are international companies and their industrious associations and global civil society composed of all kinds of NGOs. Since the participation of NGOs had been a prominent feature in global governance, the author took NGOs as researching objects, analyzed their functions in the process of decision-making and enforcement of IPR international rules. This paper includes following ideas:Firstly, under the situation of globalization, it is necessary and feasible for the NGOs to take part in the global IPR public goods provision. With the globalization of economy, politics, law and culture, IPR is of increasing importance, which leads to their participation in international IPR negotiation at last. Because of the government failure, market failure and international organization failure, it is necessary for the IPR NGOs to participate to provide IPR public goods, which is feasible at the economy, politics, law and technology level in reality.Secondly, the functions of IPR NGOs can be divided into three levels, which are system, process and feedback level. The system function refers to the promotion of political structure differentiation and political socialization as well as the implementation of political communication, which will keep the global IPR political system in balance and adaptation. The process function is to integrate and express interest, put forward policy issues, provide some solution, push or hinder the enforcement of the IPR international rules and give impetus to adaptation and modifying these rules. The feedback function includes both positive and negative sides, it helps to improve equality, justice and welfare, while erodes the conception of sovereign and adds up conflicts.Thirdly, IPR NGOs in China have developed recently, while they need to be improved. Although different greatly from the international IPR NGOs, the IPR NGOs in China have been developing in recently years, there is still something to be improved. Take the associations as examples. They control the industries by self discipline concerning IPR, advocate IPR opions to the public, submit IPR suggestions to the government and reply to international IPR disputes. Because of the defects in their institution and management, it is necessary for the NGOs to reconstruct their system, desalinate administrative control and improve self-government ability.At last, the author drew such conclusion as following:IPR NGOs are the most important actors in global IPR system, but they are the participators, not the decision-makers; the function of IPR NGOs in global IPR governance takes both positive and negative sides. They help the global IPR system to survive and suit for the outside environment, but they add conflicts and unstability at the same time; IPR NGOs have to conquer their inherent defects, which involve legitimacy and legality, representation.There are three innovations in this paper. The first is that a new analyses framework is used in the research, which is Structure-Functionism theory, a theory often appears in politics; the second is interdisciplinary studies, which covers politics, law, administration and public policy analyses; the third is that the IPR NGOs are taken as a research objects and are studied systemically, including their types, functions, defects and solutions.