Research On The Identity Of Intellectual Property Rule By Law Culture In The New Era

With the transformation of China’s economy from high-speed growth to high-quality development,innovation has become the first driving force of economic development,intellectual property law has become the basic legal system to encourage and protect innovation,and intellectual property rule of law culture,as an indispensable part of the rule of law of intellectual property,has played an increasingly prominent role.As early as 2008,"cultivating intellectual property culture" was listed as one of the five strategic priorities in the Outline of the National Intellectual Property Strategy,and the practice of intellectual property culture construction promoted by the state has lasted for more than a decade.Statistics show that public awareness of intellectual property has increased significantly,but the recognition of the value of intellectual property has not kept pace.The reasons are as follows:First,existing practices focus on "administrative behaviors"such as encouraging innovation,punishing IPR infringement and publicizing IPR culture,and pay insufficient attention to the public’s awareness of the rule of law of IPR;Secondly,there is a local conflict between the ethics,justice and interests formed under the inertia of Chinese traditional culture and the values contained in the intellectual property system,which needs to be sublated and optimized in Chinese cultural practice.The identity of rule of law culture is not only the goal of the construction of rule of law culture,but also its endogenous driving force.It forms the rule of law by itself through the progressive development path of emotional identity--value identitybehavior identity,and is the path choice in accordance with the law of cultural identity in the process of the construction of intellectual property rule of law culture.Our country has entered the new era of economic and social development,is also a new era of intellectual property law,is facing a new round of 2035 intellectual property strategy layout,a new era of intellectual property law how cultural identity in a more appropriate theoretical guidance and more efficient route choice to promote the rule of law culture of intellectual property rights in China is the paper discuss the key issues in construction process.Based on this,this paper carries out research from the following four parts:The first part elaborates the theoretical basis of the identity of the rule of law culture of intellectual property,defines the connotation and extension of the rule of law culture of intellectual property and makes clear the research object of this paper through the discrimination and analysis of the rule of law culture of intellectual property and related concepts--rule of law culture and intellectual property culture.The value and importance of the legal culture identity of intellectual property in the construction of legal culture and intellectual property culture of our country are demonstrated through the evaluation and analysis of the related theories of legal culture identity.The second part,through the elaboration of the practical mechanism of the legal culture identification,discusses the identity of the legal culture identification mechanism of intellectual property rights and the legal culture identification mechanism of China,that is,following the path of legal balance of different interests and the consensus of evaluation standards,and with the progressive development of the stages of emotional identification--value identification--behavior identification.It provides a logical basis for the identity of intellectual property rule of law culture.The third part analyzes the practical problems and reasons in the construction of intellectual property culture in China.On the one hand,the absence of local culture in the construction of intellectual property system in China,the contradiction between the ideological basis of traditional culture and the ideological basis generated by intellectual property system;On the other hand,the existing policies of intellectual property culture in China deviate from the focus point under the leadership of the government,which leads to the failure of the gradual development of intellectual property culture.The fourth part combined with a new round of national intellectual property strategy deployment of specific requirements,put forward to promote emotional identification,value,behavior identity specific Suggestions on three aspects,for the new era under the culture construction of intellectual property rights in China to provide advice,make intellectual property culture embedded in the people’s ideology,solve the fundamental problems of the construction of the intellectual property culture.