Research On China's Intellectual Property Protection System From The Perspective Of Developmental State Theory

Intellectual property has always been the focus of the world because of its close relationship with the economic,political,scientific and cultural fields.The intellectual property system is also seen as an important indicator of the maturity of a country's legal system and political system.China's intellectual property protection system originated from the period of reform and opening up.During the period,through the continuous improvement of relevant laws related to intellectual property protection and the continuous adjustment of state institutions,a relatively complete intellectual property protection system has been formed.However,it should also be noted that as a developing country,China's technological level and innovation capacity are still insufficient,and it has gradually become a constraint factor for social development.Based on the huge incentive and promotion effect on innovation activities,it is imperative to pay more attention and take actions to improve the intellectual property protection system at the national level.At present,China is committed to building an innovative country,the essential requirements of the intellectual property protection system and its incentives and guarantees for technological and cultural innovation are important support for the country to effectively implement the innovation-driven development strategy.Under the background of advocating universal innovation,studying China's intellectual property protection system has profound theoretical significance and value of the times.Based on the theory of developmental countries and the analytical framework,this paper firstly sorts out the generation and development of China's intellectual property protection system,and divides its development process into the gestation period,institution establishment and passive legislative period,passive adjustment period,adaptation period and active adjustment period,then analyzes the stage characteristics of the intellectual property protection system in the process of development and improvement,and based on this,focuses on the leadership of China's national power in the development of intellectual property protection system.The conclusion is that China's intellectual property protection system was the result of external pressure"forced"at the beginning of the establishment,and the government adopted a way of learning and emulating toward the developed countries to deal with external threats at that time.Furthermore,in the development and improvement stage of China's intellectual property protection system,the state itself plays an important role in this process,which is mainly reflected in two aspects:Set up and adjust the legal norms and national institutions related to the protection of intellectual property rights,and integrate social forces to create economic conditions for intellectual property protection to shape national capabilities,then set the ideology with "innovation-driven development strategy" as the core and use the traditional cultural resources with"collective consciousness"as the core to enhance national autonomy.This paper takes China's intellectual property protection system as an example to explore the characteristics of post-development countries in the process of system establishment and change.In a general sense,the post-development countries have the demonstration effect from the developed country in the process of institutional change.Learning and emulating the advanced system of developed countries is an effective way to reduce the cost of creating the system,and it requires constantly adjustment to adapt to the local situation.In addition,the post-development countries generally cannot do without the leading role of the government in the process of institutional change,and this depends on the improvement of national autonomy and the reshaping of national capabilities.In the process of specific political practice,developmental countries should pay attention to political construction that is related to legal norms and ideologies settings,as well as government reforms with institutional reforms and functional adjustments as the main components.