The Dilemma And Solution Of The Intellectual Property System Of Our Country

The intellectual property system accelerates the innovation of science and technology, the development of culture and the glory of market in our country. But to review thoroughly, we can find that there are some outstanding difficult problems and that intellectual property system is facing a lot of dilemma. Intellectual property system is not only a legal system, but a tool with specific utilitarian purpose. Intellectual property system can run well with the support of intellectual property culture. Intellectual property culture is a branch of the law culture, it is also the aggradation and distillate of intellectual property system. Intellectual property culture can coordinate and balance the conflicts of all kinds of groups' benefit. The construction of intellectual property culture has provided a new thinking and way to form the harmonious intellectual property order under the situation of the globalization. Only basing on the wisdom intellectual property culture which corresponds to our excellent traditional culture and the appropriate intercommunion mechanism between intellectual property system and intellectual property culture, can the intellectual property system find the way out.Based on this consideration, this thesis is divided into five parts as the author take the function intellectual property culture imposing on intellectual property system as the main thread. On the basis of comparing and clarifying culture, law culture, and the property culture, in the first part of this article the author defined intellectual property culture and analyzed the structure of the intellectual property culture in narrow cultural perspective, and then generalized the characters and functions of intellectual property culture. In the second part of this article, the author analyzed further the relationship between the intellectual property culture and the intellectual property system, revealing the impact and meaning that the intellectual property culture imposing on the intellectual property system, and disclosing that the intellectual property culture and the intellectual property system must work together well. In the third part, the author mainly described the predicaments that the intellectual property system of our country is facing and explained the culture cause of these predicaments, such as the overflowing of the intellectual property tort behavior, the conflicts of the intellectual property culture between our country and other country, and the lack of the independent initiative spirit. And in the forth part of this article I concluded outlets of the predicaments is to build the wise intellectual property culture, pointing out the logic way and the few important relationships that must be handled when building the wise intellectual property culture. That is to say our intellectual property culture must be blended with our excellent traditional culture, corresponded with the foreign intellectual property culture and the intellectual property system of our country and be consist with the proceeding of building initiative country. At last, the author proposed the solid measures that must be taken to build the wise intellectual property culture, including cultivating the integrated point about the priority of rights, pervading and emphasizing the intellectual property ideology, strengthening the research of the intellectual property and train competent talent in the intellectual property field.I hope I can make efforts in breaking the limits of the branch of the intellectual property system and can find the way that the intellectual property work well and walk out the predicaments, in scanning the predicaments and culture causes of intellectual property from a multi-disciplinary perspective.