Research On Writing Intellectual Property Clauses Into The Constitution

Writing intellectual property clauses into the constitution is to incorporate the provisions concerning the protection of intellectual property into the constitution.Intellectual property is the exclusive right that people enjoy legally according to their intellectual achievements or business marks.It is the product of modern commodity economy,science,technology,literature and art.The constitution is the fundamental law of the state.It stipulates the fundamental contents of the state's political system,economic system,cultural system,basic rights and obligations of citizens,and the operation mechanism of state power,which has the highest legal effect in a country's legal system.Intellectual property rights have the characteristics of non?material,regional and timeliness as opposed to ownership.The essence of intellectual property is a private right,mainly involves the equality between the main body on the intellectual achievements,business logos and other intangible results forming the personal and property relations.But this does not mean that the exercise of their rights is not affected by the adjustment and intervention of national public power.Executive power plays an important role in the intellectual property system.Because of the obvious difference between intellectual property and general property rights,special protection is necessary.At the same time,intellectual property rights also have important human rights significance.Intellectual property rights are universal and equal rights,reflecting the natural rights such as freedom of expression,and are citizens' basic rights.In this paper,the current constitution texts of the 193 UN members are searched,screened and analyzed statistically,and the representative countries are selected.A comparative analysis of the provisions relating to intellectual property rights in these countries' constitutions is conducted.Some of these clauses are contained in the terms of property rights,some of which are contained in the terms of freedom of expression,and some have formulated a separate and explicit terms of intellectual property.There is no separate and clear intellectual property rights clause in the Chinese constitution,only theindirect provisions on the protection of intellectual property rights.Through the comparative analysis of Chinese and foreign related intellectual property protection provisions of the constitution,with many practical problems of our country in the field of intellectual property protection,the author further elaborated in terms of intellectual property rights in the constitution China should formulate a constitutional amendment.Intellectual property rights provisions in the constitution has the necessity and feasibility in China.At last,this paper also analyzes the mode of establishing the special provision of intellectual property in China's constitution,and puts forward several feasible plans for the specific text design of the intellectual property clause of the Chinese constitution.