A Research On Intellectual Property Policy And Law Convergence From The Perspective Of Public Policy

Private property is the foundation of intellectual property rights, but too much emphasis on private rights of intellectual property rights is not conducive to promote national economic development. Intellectual property also has a public policy. Intellectual property rights includes legal form of public policy, public policy and non-legal forms of public policy, which together with other public policy commitment to the improvement of social technology.Complementarity of policy and law, the diversity of social incentives provides a theoretical support for the convergence between policy and the law. Intellectual Property Policy and legal convergence should be oriented to maximize social benefits in order to safeguard the core interests of the country, the law of intellectual property policy and for the intellectual property system within reasonable boundaries within the system of real justice. Intellectual Property Policy and legal convergence is specifically expressed in the law of intellectual property policy and intellectual property law and policy, and its specific path includes running policy of intellectual property law and intellectual property laws of administrative decision-making are two basic paths. The law of intellectual property policy running through all aspects of the law, including intellectual property legislation and policy, intellectual property policy interpretation of the law, intellectual property and intellectual property rights of judicial policy of enforcement policy. Intellectual property law and policy of intellectual property also runs through the various administrative decision-making process.This article from the following parts to explore the convergence between intellectual property policy and legal issues:Part I:Intellectual Property public policy analysis.This part based on the philosophy of intellectual property law and specific intellectual property legal system, starting on intellectual property "private theory", focusing on the analysis of the intellectual property right should be attributed, and finally analysis the composition of intellectual property public policy.PartⅡ:The possibility of intellectual property policy and law convergence. This part from the general theory of the jurisprudence law to analysis the theoretical space of intellectual property policy and law convergence, summarizes the convergence of IP policy and law generally realized, and tries to analyze the convergence of the World Intellectual Property Policy and legal case studies have been lessons learned.PartⅢ:The fundamental principles of convergence between intellectual property policy and law. The convergence of IP policy and law should follow the basic principles that safeguarding national interests and values in real justice and to maximize social benefits for the function-oriented, policy and law to maintain the principle of reasonable boundaries.PartIV:Pathes of intellectual property policy and legal convergence. This section demonstrates through diagrams and other forms of intellectual property policy and legal convergence of two ways:intellectual property policy legalization and intellectual property law changes to policy.