The Legal Studies On The Problems Of Industry Association In The Intellectual Property Governance

Through our country has set up state intellectual property strategy in 2008, but it is a system engineering that if a country is to put intelligence resources into intellectual property, and then bring intellectual property into national competitiveness. It is need trinity common participation, includes government, society, and enterprise. Under the market economy condition, "Small government, the big society" is historic trends. The government is the leading role in the social economic life but not all, our current social experience of various "government failure" and "market failure" had to let our way of social operation rethinking. In the aspect of intellectual property, the fulfillment of state intellectual property strategy depends on the efforts of every social organization and enterprise to practice into every industry and every technology department. Industry trade is an important participant in the market economy, it plays role in improving enterprise survival capacity, pursuing the interests of the whole trade, protecting enterprise's intellectual property rights, and representing trade interests aspects of intellectual property litigation. Nowadays, our scholars have sufficient research on state intellectual property strategy and enterprise intellectual property management, but there is scattered and insufficiently systematic research on society organization how to play and promote intellectual property right management.Based on the above research objective, this paper mainly take normative research method of study, research on the key legal problems of industry association in governance of intellectual property rights. There are four chapters in this thesis.The first part. This article first to prescribe the meaning of intellectual property rights governance, and there are exist on a broad and narrow the understanding of intellectual property management points. The author agrees with the broad understanding of intellectual property governance, and takes it as the starting point, this paper argues in the broad sense of intellectual property management based on industry association associated with intellectual property management, industry associations participate in intellectual property rights the feasibility and necessity of governance are discussed, and expounds that the significance from industry associations participating in intellectual property to social governance structure in the law.The second part, the author adopts standard analysis method to analysis the ought legal nature of industry association, through the industry association on subject position, combining foreign industry association to participate in social governance, leads the general pattern in intellectual property for industry association of theoretical analysis of the function.The third part, tries to discuss on autonomy attributes of industry associations, contained in the profession association autonomy of power and right. Through the industry association of power and authority, enumerate industry association portion in ipr activities in various power and right due to determine the industry association in ipr management border and scope.The fourth part, based on the third part, analysis industry association system defects. Research industry association in the protection of intellectual property rights, and then explores its due role in industry association in protecting intellectual property, the problems in the process of how to regulate trade association and in ipr governance in the negative effects are put forward the author own opinions.The country, the society and the market as a trinity structure, social intermediary organizations such as industry association,it is a kind of assume industry management and coordinating the interests of the members, the burden of China's socialist modernization and for the construction of a harmonious society to make due contributions. But the various related systems of relevant trade associations are not perfect, So we should work out a feasible strategy of corporation management in reference on the basis of foreign advanced experience and our reality.