Research On Chinese Native Resources In The Transplantation Of Intellectual Property Law

The germination of intellectual property thoughts in China and the emergence,formation and evolution of institutions have clear historical changes.The transplantation of intellectual property laws with modern significance has been practiced twice in China.The germination of intellectual property awareness in ancient China was the accumulation of ideas before the legal transplant.The first intellectual property law transplant in China occurred in modern times.The Qing government transplanted the western advanced intellectual property legal system on a large scale,covering major intellectual property rights such as copyright,patent and trademark rights.The intellectual property system has been continuously developed in moderm transformation.The legal norms,principles and ideas affect the development of the modern intellectual property system and become the institutional resources and conceptual resources for the innovation of the intellectual property system.After the reform and opening up,China carried out the second practice of intellectual property law transplantation.Before that,China experienced the practical stage of intellectual property protection based on administrative management.The second legal transplant established and formed an intellectual property legal system and theory with Chinese characteristics.However,the implementation of intellectual property laws today still encounters many conflicts with local values and habits.The crux of the problem lies in the disconnection between the intellectual property law spirit and the social ideological foundation.In the process of transplanting intellectual property laws in modern and contemporary times,local resources at the institutional and conceptual levels are precipitated and constantly given new content,and will be fed back into the current legal system and implementation,creating a deep level of the current rule of law.Impact.It has evolved from local resources,created the modern intellectual property law,and provided profound social soil and cultural support for the advanced intellectual property legal system.It is the way to solve the dilemma of legal transplantation effect.Based on this,this paper starts from the following four parts:The first part is to sort out the basic theory of legal transplantation and its indigenous resources.Discuss the connotation and mode of legal transplantation,sorts out the historical context of modern intellectual property law transplantation in modern and contemporary times,studies the relationship between local resources and legal transplantation,clarifies the meaning of local resources,and clears the theoretical obstacles for analyzing problems.The second part is to study the practice of the first intellectual property law transplantation in China,that is,the modern intellectual property law transplantation.Explore the accumulation of ancient ideas.It sorts out the institutional resources and conceptual resources in the modern intellectual property law transplantation,and lays a foundation for the research of resource mining.The third part is the practical research on the transplantation of intellectual property law after China's reform and opening up.Study the characteristics of intellectual property administrative management under the planned economic system,and sort out the situation of legal transplantation after reform and opening up.The legal system and theoretical development constitute the institutional and theoretical resources for the development of modern intellectual property system in China.The fourth part,combined with the historical changes of China's intellectual property law transplantation,summarizes the modern enlightenment of legal transplantation,and clarifies the local resources that can be tapped and utilized in the process of localization of intellectual property law in China,in order to create environment and specify for the improvement of modern intellectual property system.direction.