Entry Of Service-oriented Governments In Intellectual Property Right Protection In China

At present,the Chinese government plays an important role in all-around government in intellectual property protection.The concrete performance is to take the dual track system as the guidance,and it ignores in the legislation in the macroscopic coordinated function,it has much administrative protection in the heavy governance light service,and little judicial protection in the center of gravity is disordered.The root causes of these phenomena are the conflict between the role of the Chinese government and the nature of the intellectual property.The market-based nature of the intellectual property has reflected the indivisible origin between the intellectual property system and market.Intellectual property market belongs to the market,the market is not omnipotent.The monopoly of intellectual property will result in the failure of the intellectual property market.Governments need to intervene in markets to keep them running smoothly.Under the role of the all-around government,the government's power is possible to expand largely,and its intervention to intellectual property goes beyond the reasonable limit,thus it can easily cause damage to citizens' privacy rights and public interests.Service-oriented government focuses on legal and appropriate guidance and takes the public interest as the primary mission.Therefore,the change of government's role orientation from all-around to service-oriented is a wise change to limit the government's intervention in the intellectual property market within a reasonable range.In order to express its service function in intellectual property protection,the government should clarify its basic position.Since the 21 st century,during the process of constructing the international intellectual property system,we are highly concerned about the balance between the protection of private rights and the public interest.Compared with many developed countries which are technology-oriented,China,as a developing country focusing on technology import,should strengthen the protection of public interests based on the reality of China.Therefore,our government should be guided by the theory of seamless government,based on domestic public demand,to promote the construction of intellectual property system with the focus of "customer orientation,competition orientation,and result orientation".Due to the government's excessive service to the "dual-track system",it has penetrated into the micro level of intellectual property protection,but there is no synergy in the macro-control level that should play a leading role,therefore,the function of government should be shifted from micro intervention to macro control of intellectual property protection,in order to realize the transition from all-around government with too much intervention in the intellectual property market to service-oriented government with reasonable and limited intervention in the market.In terms of institutional structure,the function of service-oriented government should be reflected.And we should add legislative considerations to the "dual-track" system,form a "tripartite structure" in the intellectual property protection system with legislation,judicature,and administration.If the government plays the role of its service function in the "tripartite structure " system of intellectual property protection,first of all,intellectual property legislation should be provided with services,such as dealing with the value conflicts,establishing the legislation environment and international service platform.What's more,in terms of judicial protection of intellectual property rights,on the premise of not interfering in judicial trial and ensuring judicial independence.By activating the diversified disputes of intellectual property rights,the settlement mechanism can alleviate the pressure of litigation and give play to the service function of the government,and improve the efficiency and quality of intellectual property litigation through the improvement of the system of expert assistance.Finally,in terms of administrative protection of intellectual property rights,to promote the transformation of the government from a "regulator" to a "servant" through the establishment of the intellectual property incentive mechanism,based on the "customer-oriented,competition-oriented and result-oriented" theory of seamless government,this paper points out the direction for the reform of the intellectual property management system of service-oriented government.