Research On The Codification Of Intellectual Property In China In The Civil Code Era

The legislative model of intellectual property is a fundamental legal issue for intellectual property,and codification of intellectual property is one of the legislative models.As a private right,intellectual property should be systematically arranged in a reasonable manner in the Civil Code.However,in China’s Civil Code,intellectual property is only provided for in a general and abstract manner in Article 123 of the General Provisions,with scattered provisions in the each part of the Civil Code.Secondly,There is also fragmentation,contradiction and overlap in the Lex Specialis Concerning Interlectual Property.Based on this situation,there is a need for codification of intellectual property law.In the Civil Code Era,how to choose the legislative model of intellectual property law,and whether and how to realize the codification of intellectual property law have become the focus of discussion in the theoretical and practical circles.This article is divided into four parts.The first part is to understand the current situation of China’s intellectual property legislation in the Civil Code Era,and points out that the failure to complete the systematization of intellectual property law is due to two major factors: traditional perception barriers and legislative technical constraints.The second part clarifies the completion of the codification of intellectual property law is an inherent requirement of the private nature of intellectual property,a requirement of the systematization of the civil legal system,and an objective for China to build a powerful intellectual property nation.The existing theoretical basis and legislative reserves provide the possibility for this.The third part learns about overseas legislative models for the codification of intellectual property,describes representative legislation of separation type,take-in type,blending type and linking type,analyses the advantages and disadvantages of different intellectual property legislative models and summarises the inspiration for China’s intellectual property legislation.In the last part,With the experience of foreign intellectual property legislation,it is pointed out that there are two paths to the codification of intellectual property in China,namely the establishment of an separate compilation of intellectual property in the Civil Code and the codification of a special code for intellectual property.By analyzing the considerations of legislation under the two codification paths,the author concludes that the realistic path for codification of intellectual property law in China.