Research On Chinese Intellectual Property Development

In China, intellectual property system had been established because of compulsion outside,which not inosculate with chinese society and not play a big role in social regulation.especailly after Trips Epoch,the situation of chinese intellectual property has entered into a bottleneck to chinese economic development.it's necessary to solve the intractable problem.This paper tried to analyse and solve this problem through legal philosophy theroies.On a new piont of view, this paper tried to point out the morass which chinese intellectual property confronted with,tried to analyse the causation for those the problem in morass,and tried to discuss the scientific theoretical foundation,then based on this, this paper argued that chinese intellectual property must search a independent development way:through establishing intellectual property culture,developing modern intellectual property and protecting traditional wisdom.According above, this paper expounds the problem through six chapters:The first chapter brought forth the background currently on which chinese intellectual property is developing.for one, it's Globalization,and another, strategic development plan of constructing innovation country in china.this two background makes it necessary to look for a new way to develope chinese intellectual property which just in corner now.The second chapter pointed out the morass which chinese intellectual property confronted with.first, commentated the word of'chinese'and'intellectual property'to make'chinese intellectual property'more clear.then, analysed the situation and challenge, clarifying the four main problem that frequent infringement, pressure from arbitrariness outside without our own independent intellectual property,the confused way to farther development,and deficiency in foundamental theoretic research.The third chapter analysed the reason for the poblem above.first, because of the conflict between explanting legal system and deficiency in chinese intellectual property culture.then,because of the contradiction from intellectual property inner problem.furemore,because of social value becoming diversification and vicissitude frequently.finally,because of scarcity of criticism sprit when learning western legal system without legal culture.The forth chapter indicated the significance of chinese intellectual property development.first, cast back the history of intellectual property development which played a important role and made much contribution in the whole development of the world.second,pointed that intellectual property has great significance for china now and future.finally,augured that the west-dominant intellectual property mode makes great impact on chinese development ,so we should try to change this complexion by rational means.The fifth chapter claimed the theoretic foundation of intellectual property should be established from a new way.first, introduced several traditional intellectual property theory mainstream.then,analysed three opposed modern theory.upon on analysing of the two kinds of contrary theory,the paper educed a new theoretic foundation base on analysis of multilism aim and ultimate aim.In the finally, the sixth chapter tried to establish the new path of chinese intellectual property development.fisrt, brougt forth the history of the world intellectual property development and pointed out the developing orderliness.then,studied the finer mode of the several approximate country.Whereafter, broutht forward that chinese intellectual property must search a independent development way:through establishing intellectual property culture,developing modern intellectual property and protecting traditional wisdom.