国际变革大势与中国发展大局中的知识产权制度  

Intellectual Property Right System:Under the Background of International Change and Chinese Development

作　　者：吴汉东[1] 

机构地区：[1]中南财经政法大学知识产权研究中心教授

出　　处：《法学研究》2009年第2期3-18,共16页Chinese Journal of Law

基　　金：吴汉东主持的教育部人文社会科学重大攻关项目(04JZD0016)“知识产权制度变革与发展研究”之最终成果

摘　　要：经济全球化与知识革命的出现给知识产权制度带来了深刻的影响。现代各国的知识产权制度建设,在复杂的国际背景中表现出了鲜明的时代特征,既有促进经济与社会发展的战略政策考量,也有追求法律规范体系化的理性制度安排。中国知识产权制度应立足本土,因循国际变化和时代潮流,步入国际化、现代化、战略化与法典化的发展道路。Economic globalization and knowledge revolution have great influence upon the system of intellectual property right （IPR）. From an international view, IPR has become a set of game rules with universal binding force. In the meantime, the systematization and codification of IPR have also shown some indications. In the complicated international background, the construction of IPR system of modern countries has vivid characteristics of this time, that is, not only with the strategic policy consideration of facilitating economic and social development, but also with the rational arrangement of pursuing the systematization of legal norms. From the view of the whole world, the modernization and internationalization of IPR are full harmonized, which means that the innovations of IPR system coping with new technologies are usually widely accepted by many countries through the mechanism of international conventions. To cope with such development, modern countries have set up domestic strategies of IPR as their policy selection. And to realize their strategic aim, modern countries also take codification of IPR as the rational pursuit of legislation model. In one Word, the different aspects of the development and change of IPR system are not isolated or separated, but relate to and act on each other under the international and domestic background. For the present, Chinese IPR enterprise lies in a new and important historic period. As to the construction of IPR system, China has entered into a strategic positive period. To satisfy the request of domestic economic and social development, China should reinforce its legislation work, so as to provide the institutional foundation for the construction of an innovation-typed country. As to the operation of IPR system, China has entered into a pivotal development period. IPR Law is a component part of public policy. Whether IPR Law can fully exert its function of promoting knowledge innovation and propelling social development or not lies not only on the soundness of legis

关 键 词：知识产权制度 国际化 现代化 战略化 法典化 

分 类 号：D997.1[政治法律—国际法学] D913[政治法律—法学] F204[经济管理—国民经济]