Policy Analysis Of Intellectual Property In The Perspective Of Digital Cyberspace: The Dimension Of Environment-value-actor

The development of digital network space provides great support for human progress.Its own characteristics such as openness,interactivity and uncertainty have deeply affected human thinking and action mode,and gradually infiltrated into social arrangements and institutional structure,and is increasingly closely intertwined with national economy,politics,society and science and technology.It is more of the times and global significance to study the intellectual property policy in China from the perspective of digital network space.Since the promulgation of the national intellectual property strategy outline,China's intellectual property cause has been developing continuously,intellectual property protection work has made historic achievements,intellectual property laws and regulations system and protection system have been continuously improved,protection efforts have been continuously strengthened,and the whole society's awareness of respecting and protecting intellectual property has been significantly improved,which plays an important role in encouraging innovation,building brands,and expanding opening to the outside world.At the same time,there are still some shortcomings in the cause of intellectual property rights in China,which mainly show that: the awareness of the importance of intellectual property protection needs to be further improved.There is a gap between the process of legalization of intellectual property protection and the development speed of new technology and new business form.The high value and high quality intellectual property rights are less,the coordination between administrative law enforcement organs and judicial organs needs to be strengthened,and the ability to cope with overseas intellectual property disputes is weak.The development of digital network space has exacerbated the difficulty of intellectual property governance.Intellectual property rights infringement is characterized by new,complex and hightech,and it is easy to occur frequently.As an important tool of intellectual property governance,intellectual property policy plays an important role in the development of intellectual property in China.In the digital network era,how to optimize policies to enhance the governance efficiency of intellectual property policy?Based on the background of digital network space,this paper selects environment,value and actors as the key elements of the adjustment and analysis of intellectual property policy.Starting from the existing intellectual property policy text,the article analyzes the content and evolution of the existing intellectual property policy with the help of nvivo12 qualitative analysis software.In the meantime,on the basis of reading policy texts repeatedly,combining with the analysis framework of "environment value actor",the paper gradually defines the data coding dimension of policy texts.After coding and statistics of 1944 policy texts,this paper grasps the specific contents of environment,value and actors concerned by intellectual property policy.In terms of policy environment,the existing policy texts mainly focus on the economic environment including financial and tax preference,financial support,operation management,cooperation competition,organization,enterprise,industrial support,market mechanism and market self-discipline,etc.;political environment including administrative management,legal regulation,administrative law enforcement,judicial protection,organization and leadership,supervision and coordination;including publicity of public opinion;cultural environment including communication,extensive participation,talent training and management,information sharing,service platform construction,science and technology application and industrialization,etc.;external environment including risk prevention and control and rights protection,communication cooperation,research and assistance,international rules construction,overseas registration,industrial integration,etc.In terms of policy value,the existing policy texts mainly focus on promoting the core value of knowledge innovation,including incentive,optimization innovation,service,management innovation,innovation commercialization,etc.;basic value of protecting private rights and interests,including rights definition,allocation,protection of rights,fair distribution of interests,etc.;safeguarding the ultimate value of public welfare,including production structure transformation,economic security Maintenance,social welfare promotion,etc.In terms of policy actors,the existing policy texts mainly focus on government,market and society,among which the market subject is mainly various enterprises and units,and social subjects include universities,scientific research institutions,experts,lawyers,industry organizations,alliances,professional institutions,rights and interests,the public,etc.From policy text to policy reality,with the help of policy text coding results,this paper puts forward the appropriate policy environment,policy value and policy actors for the development of intellectual property policy under the background of digital cyberspace,and points out the environmental constraints,value conflicts and actor dilemma faced by intellectual property policy.The remarkable characteristics of openness,interaction and evolution of digital cyberspace require us to investigate the development of intellectual property in the era of digital network from the perspective of intersubjectivity with a holistic and dialectical thinking.From the perspective of digital cyberspace,an orderly economic environment,a coordinated political environment,a pluralistic and inclusive cultural environment,and an external environment of global integration are the ideal intellectual property policy environment;A coordinated and unified dynamic system with the core of promoting knowledge innovation,the basis of protecting private rights and interests,and the purpose of safeguarding public welfare is the value system that intellectual property policy needs to establish;All kinds of policy network actors have their own positions,and active interaction and feedback of intellectual property policy is the appropriate interactive state of intellectual property policy network.However,in practice,China's original innovation power is weak,dual track protection convergence failure,innovation incentive culture is lack,and international rules are unfair.At the same time,according to the analysis of relevant cases of intellectual property rights,there is a problem of value order in the implementation of China's intellectual property policies;The design of intellectual property policy in China also has the risk of violating the original intention of value;China also lacks a clear and unified consensus on the value of intellectual property policy.In addition,according to the questionnaire survey and in-depth interviews,it is found that the existing IP Policy Network is not fully coordinated,the interaction between policy networks is also biased,and the operation of IP policy network lacks effectiveness inspection.These problems are related to many factors,such as knowledge economy,property management,property culture,national interests,policy discourse,policy participation and so on.Based on the framework of "environment value actor",this paper proposes the optimization path of intellectual property policy.Through perfecting market order,maintaining innovation cornerstone,optimizing overall governance,strengthening department cooperation,committed to ecological cultivation,conservation of property rights concept,attention to interests coordination,and emphasis on win-win cooperation,we could create a suitable intellectual property policy environment in the perspective of digital network space.By strengthening the theoretical construction,establishing a clear intellectual property policy value system,emphasizing value guidance,optimizing the matching between policy measures and the development of the times;paying attention to value dissemination,forming and promoting the policy value Chinese discourse system,we can construct the reasonable value of intellectual property policy in the perspective of digital network space.Through the clear policy network role,enhancing the ability of coordination and interaction between each other,shaping the network trust atmosphere,promoting the normalization of dialogue and cooperation,establishing multiple supporting mechanisms to ensure the effective operation of policy network,we can cultivate qualified intellectual property policy actors in the digital network space.