Study On Intellecual Propery Issues In China Civil Code

In the fourth Plenary Session of the 18th CPC Central Committee,the party pointed out in"Some major problems on comprehensively advancing the rule of law of the CPC central committee's decision" that "Compiling Code of Civil Law".An excellent Civil Code is a guarantee of citizens' rights.The content of Civil Code is various,and the theories about Civil Code is broad and profound.The codification of Civil Code involves all aspects of the society.And one of the important aspect is that the Civil Code relates to the intellectual property issues.The intellectual property system in China is growing rapidly,now has established a relatively complete IPR legal system.At the same time,intellectual property rights have occupied an important position in the field of economy and trade and people's daily lives,and constantly changing market economy and the public's patterns of life,ways of thinking.The codification of Civil Code brings new opportunities and challenges to intellectual property law.The Civil Code will have a profound impact on the intellectual property system for IP-related provisions,and correspondingly whether intellectual property law is appropriate in the Civil Code will also influence its systematicness and integrity.Therefore,in order to improve the intellectual property legal system,strengthen the protection of intellectual property rights,speed up the legislative process of the Civil Code,improve the quality of legislation,this paper is based on a careful analysis of the relationship between civil law and intellectual property rights,drawing on foreign legislative experience,and has discussed the legislative modes and characteristics of intellectual property rights.It proposes a legislative model which is accord with the realistic interests of our country-double and general legislative mode,and gives the relevant legislative proposals.The first part is a discussion about the relationship between civil law and intellectual property rights,and verify the reasonableness of this view that intellectual property rights are private rights.The second part has carded correlative theories about IPR and the Civil Code in the history,and analyzed foreign countries' legislative experience.The third part discusses several theoretical concerning intellectual property legislation modes,including separate type,inclusion type,mix type and link type,and analyzes the advantages and disadvantages of those modes.Based on the analysis,the author proposes double and general legislative mode that is believed more suitable for China' s situation.The forth part is about the proposals of the contents of the IPR part,including legislative purposes,the confirm of private right nature of intellectual property rights,and the limit of exercise of intellectual property rights,etc.Besides the author also puts forward some relevant legislative proposals in other parts of the Civil Code.