Reflect The Context Of Globalization Of The Intellectual Property System

TRIPs are bad for developing countries because the economic playing field was uneven before TRIPs and that its introduction has reinforced the inequality. Developing countries accepted TRIPs not because at the time the adoption of intellectual property protection was high on their list of priorities, but partly because they thought the overall package offered, including the reduction of trade protectionism in developed countries, would be beneficial. Now many of them feel that the commitments made by developed countries to liberalise agriculture and textiles and reduce tariffs, have not been honoured, while they have to live with the burdens of the TRIPs agreement. The difficulty for developing countries in this context is that they are"second comers"in a world that has been shaped by the"first comers". IP rights do little to stimulate invention in developing countries, because the necessary human and technical capacity may be absent. They are ineffective at stimulating research to benefit poor people because they will not be able to afford the products, even if developed. They limit the option of technological learning through imitation. They allow foreign firms to drive out domestic competition by obtaining patent protection and to service the market through imports, rather than domestic manufacture. Moreover, they increase the costs of essential medicines and agricultural inputs, affecting poor people and farmers particularly badly.When the world economy is becoming more integrated. It is an article of faith in the international community that integration on appropriate terms into the world economy is a necessary condition for development. The question from our point of view is what are the appropriate terms for that integration in the field of TRIPs. Just as the now-developed countries moulded their IP regimes to suit their particular economic, social and technological circumstances, so developing countries should in principle now be able to do the same.Moreover, China as a developed country has itself national conditions. While regional disparities have greatly affected the analysis of intellectual property protection in China, Because industries develop at different paces and because not all industrial sectors can simultaneously benefit from strong intellectual property protection, these countries are unlikely to have a coherent national intellectual property policy.Though intellectual property system is a system to confirm that the owner of intellectual property has monopoly to exploitation intellectual products, various relationship of interests arising from intellectual products, through a series of institution designs, is balanced; thereby safeguarding the realization of the aim of this system.My aim is practical and balanced solutions. The key point is how to balance, the conventional measures can't work out the China's puzzle undergoing , because the post modernization has done great damages to the value system of public law and private law, we want to use a new theory to deal with the complex situation.Under the background of the post modernization, the theory of Autopoietic system no doubt is a good choice, through Autopoietic system, we meet the concept of reflexive law ,the core of the reflexive law is confine the society to some extent and let the society use its own competence to create the social harmony.