The Research On Balance Of Private Right And Public Power In The State Intellectual Property Strategy

With the development of economic globalization, all countries strive for the creation, occupation and utilization of intellect resource, trying their best to protect the domestic intellectual property abroad. Lots of countries, such as USA and Japan, have formulated their state intellectual property strategies in order to promote the innovation, transfer and diffuse of the native knowledge, science and technology. At the same time, the international rules of intellectual property are keeping strengthening and developing. China has established the legal system of intellectual property and done some research and plan about the intellectual property strategy; however, compared with those developed countries, we are still at the initial stage.The scientific and rational intellectual property strategy relies on the clarification of relationship between private right and public power of the intellectual property. The intellectual property falls into the private right, but from the history of its emergence and development, it relates with the public power. As a result, we need to protect intellectual property from the viewpoint of private right. Meanwhile, we should use the public power to make necessary and reasonable regulation to prevent its abuse. This paper is going to study how to achieve the balance of private right and public power in the intellectual property.There are four parts of the paper. Firstly, it introduces correlative concepts of the state intellectual property strategy, such as its definition, characters, historical development and so on. Secondly, according to the analysis of the balance of private right and public power in the state intellectual property strategy in USA, Japan and Euro, some revelation was brought in. Thirdly, it makes some deep analysis on the theory elements of balance between private right and public power in intellectual property strategy. Lastly, it gives suggestions about how to achieve the balance of private right and public power in Chinese intellectual property strategy, which is the key point of this paper.