Research On Public Policy Of Intellectual Property Right

Nowadays, China's intellectual property protection has achieved the achievement which attracts worldwide attention, has established a comprehensive intellectual property protection legal framework which consists with international rules. However, illegal law policy of Intellectual property right develops so slowly that our public policy of Intellectual property right is not comprehensive nor systematic. This causes the overall low efficiency of our intellectual property system. To realize the superb target of constructing an innovative nation as well as buliding a well-off society in an all-round way, in June 2008, our goverment promulgated the natonal strategy outline of intellectual property rights. Speaking of the government, this means the necessity of consummating the foundational intellectual property policy. At the same time, China, has joined World Trade Organization, is facing serious challenges and international competition pressure. And a more intense international competition certainly includes "the competition of systems". Therefore, a deep research on public policy regarding the intellectual property system is quite essential. This article's main purpose is to discuss how the public of the intellectual property right promotes innovation and social advance from the angles of the benefits equilibrium and institutional efficiency. Primarily through studying the evolution of intellectual property rights policy in some typical countries, this article attempts to seek the way of establishing a system of intellectual property rights policy which conforms to our national condition. The full text includes five parts:Part 1 elaborates the theory foundation of the public policy of the intellectual property, carrying on preliminary limits to the intellectual property right policy, exploring the subject and object, aim as well as the function mechanism and so on. The point is that the intellectual property right policy, with a subject of national public power, is initiative and the motivated.Part 2 carries on the evolution of intellectual property rights policy in some typical countries, finding the problems, and then induces and summarizes the general conclusion. This part especially emphasizes the influences that the intellectual property policy brings to the developing countries.Part 3 analyzes the value pursuit of intellectual property rights policy, which still focus on the benefits equilibrium and institutional efficiency. It points out that the equilibrium of the public policy of property right usually stresses on the result of social competition, while efficiency lays more on the procedure fair. But whether the public policy is effective or not, also determined by the goal of the public policy.Part 4 studies the relationship between the policy and the institutional vicissitude. It points out that the institutional vicissitude is the reason why public policy exists, but the public policy realizes through the institutional vicissitude. This chapter also puts up a series of analysis of policy examples.The last part analysis the present situation of intellectual property right policy of our country, it points out that we should establish the system of public policy of the property right from multi levels.