On Legal Protection Of Intellectual Property Rights In International Cooperation Of Beidou Navigation System In China

International cooperation in intellectual property rights of Beidou navigation system as one of the leading edge of new property rights,academic study of its legal attribute and concept is not sufficient,and in addition to the common characteristics of the general characters of intellectual property,it also has the right subject,the complexity of the object of rights,the application of law is extrinsic and international,and national strategic cooperation platform,make it hard to the existing legislative system to find the right place for the protection of intellectual property.Therefore,the legal protection of property rights calls for special protection at both domestic and international levels.The legal protection of intellectual property rights in BDS international cooperation is sensitive to national interests,which requires the formation of a dual protection force at the domestic and international levels,and the improvement and adjustment of the existing legislative system should be the focus of the current protection of intellectual property rights in BDS international cooperation.At the level of international legislation,the beidou navigation system shall be classified into international cooperation intellectual property rights,and the category of "space patent" shall be added within the existing international intellectual property legal framework.A new subcommittee on patents has been set up under the United Nations committee on the peaceful USES of outer space(COPUOS)to focus on various space patent matters and strengthen the link between international intellectual property legislation and outer space legislation.In addition,China should comply with the trend that international cooperation in global navigation satellite system is increasingly regulated by soft law,and make all countries follow international customary rules through international cooperation,thus laying a foundation for the introduction of international specialized legislation.At the level of domestic legislation,the scope of the object of domestic legislation should be expanded,and international law enforcement clauses should be added to achieve convergence with international legislation,so as to enhance the compatibility of domestic traditional intellectual property legislation and enhance the effectiveness and influence of domestic legislation applied outside the territory.According to the particularity of the Beidou navigation system's international cooperation intellectual property rights,it should be supplemented after the regulations on satellite navigation are issued.At the level of the Beidou navigation system international cooperation intellectual property management mechanism,a top-up intellectual property rights coordination management mechanism should be established to determine the satellite navigation committee's functional attributes,clarify the legal specifications for the management of secret technology transfer.Safeguard the intellectual property rights of the international cooperation of Beidou Navigation System worldwide.In the protection of intellectual property rights in the international cooperation of Beidou Application Industrialization,a preventive mechanism for foreign-related property rights disputes should be established to ensure the timely fixation of key evidence through new legal obligations.Adhere to the principle of contract priority in international cooperation,lead the signing of multilateral agreements on international cooperation,and reduce the loss of litigation benefits in the disputes over the property rights of industrialization cooperation in the application of Beidou navigation system in China.