The Research Of Government-led Establishment Of Early-warning Mechanism In Intellectual Property

In order to study the concept,rights, and features of intellectual property, this thesis focused on the goal of establishing an innovative country in the China's "national intellectual property strategy outline" and engaging in intellectual property rights of independent innovation.Further study was given on the development of intellectual property rights at home and abroad, as well as internal and external opportunities and threats, strengths and weaknesses. By comparing the analysesing an important role, which is played by China-led government to establish an early warning mechanism for intellectual property rights, we brought up the theoretical framework of government-led early warning system of intellectual property rights. This article is divided into five parts: introduction, the intellectual property rights and its system, the development of intellectual property early-warning mechanism, the conception of establish an early warning mechanism of Chinese government, and sum up.In a knowledge-based economy, the mode of economic growth there has been a fundamental change especially in the industrialized countries. knowledge and information become the most important factor in productive elements and more dominant in economic development. As the United States, Japan, South Korea has successfully implemented a strategy of intellectual property rights, so that the proportion of knowledge in economic growth increased to 70%. The intellectual property right in China is still in the preliminary stage of development, and there is a wide gap between the developed countries.The vast majority of economic and technological almost have been under the control of all developed countries. A large number of technologies, products, development of the industry were occupied by multinational companies. When our industry and the market is still in the embryonic stage, multinational companies began to look for strategic intellectual property rights, carve up Chinese market, so that formed hidden dangers to China's industrial economy. In recent years, participation in the development process of globalization, intellectual property rights still is the issue related to China's economic development. With the development of globalization, the establishment of early warning mechanisms for intellectual property rights is very important. The functions of intellectual property rights includes: Restrictions on foreign intellectual property rights in key areas of our country's Happy Enclosure, Early warning of foreign intellectual property rights of the layout of the strategic intentions, determination the threat of substantial harm to Chinese industry from foreign enterprises or hindering certain domestic industries and the development of new potential, and proposing measures to safeguard the security industry. Through the establishment of early warning system, the risk of infringed intellectual property rights should be warded off.In the early-warning system for intellectual property rights, the United States has "fixed deduction trigger" mechanism, the EU has "rapid reaction detection of imports", and Japanese External Trade Organization has set up a global monitoring network. Secondly, some developing countries also learn from the experience of developed countries, and have set up industrial early warning mechanisms, such as India have a "focus on the monitoring of imports of goods" mechanism and so on. Practice has proved that damage to pre-industrial zone monitoring has become the basic, forward-looking, preventive work of maintain economic security, effectively anti-dumping, countervailing and safeguard measures.Mainland China on intellectual property early-warning system is still in its infancy, and still in the exploratory stage on how to build an early warning system of intellectual property rights. I gave a definition of an early warning mechanism of intellectual property. An early warning system of intellectual property rights can be summed up: achievement of innovative strategies, comprehensive strategic assessment of the development of domestic and foreign intellectual property rights, strengthen collaboration and cooperation within the related departments, establishment of intellectual property databases and information platform, real-time tracking to monitor the development of such changes, master the evolution of the law in advance , and setup integrated application system to control and use of such cases.At present, the functions of government departments at all levels are transformed from management-oriented to the service-oriented. Our country are being implemented in terms of development-oriented government to the public service one, stressed that the Government exists to meet the demands of society and "management is service"is a fundamental concept in order to provide public goods for the main function. It is precisely for the government led to the establishment of early warning mechanisms for intellectual property rights laid the foundation. Through the above analysis, we have learned that business or trade association can not establish a sound, sophisticated intellectual property early-warning mechanism. Therefore, such a responsibility will fall on the government departments. Government as a public power holds a large amount of resources in favor of conducting overall planning. At the same time, the Government has a strong economic strength and human resources to create a perfect, sophisticated early-warning mechanism for intellectual property rights. Only the government can have such a high level of the whole concept, as well as a constant source of funding for the establishment of this mechanism.SWOT analysis as a tool was used to analyses the development of China's intellectual property. I tried to explore the new situation of China's intellectual property system to achieve innovative ways. Therefore, appropriate recommendations and measures should be given in China's intellectual property rights, and set up a government-led early warning mechanism of intellectual property rightsTherefore, the author have a conception on the establishment of China's government-led idea of intellectual property early-warning mechanism:establish early warning system of intellectual property sector at the national level, as well as early warning data and services platform, set up "security line" to identify the warning level, cooperate in intellectual property management resources, timely and accurate warning response to damage of property and take actions.Efficient early warning system of intellectual property rights can help businesses get profit and avoid loss, Reasonable guide enterprises to avoid foreign enterprises to domestic enterprises in intellectual property litigation so that we can enhance our competitive ability. On the other hand, as far as possible, avoid possible threat posed and loss result from lack of healthy development of China's economic.