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| 文件名称： | 关于中国知识产权战略的几点思考.doc |
| 所属大类： | 论文集锦 |
| 行业分类： | M:科学研究、技术服务和地质勘查业 |
| 生效日期： | 2006-09-11 00:00:00 |
| 文件星级： | ★ |
| 文件字数： | 7701 |
| 文件页数： | 6 |
| 文件图表： | 0 |
| 资料语言： | 中文 |
| 文件大小： | 45KB |
| 文件简介： | 关于中国知识产权战略的几点思考 Several Considerations in China’s IPR Strategy Prof. Dr. Zhou Lin Intellectual Property Center of Chinese Academy of Social Sciences At the turn of 21 century, IPR strategies were drafted in several countries. For instance, in 2002, Japan government issued an Outline of IPR Strategy, and in the same year, US Patent Office issued an Outline of 21 Century Strategy. Both of the strategies stressed on the strong protection of IPR for the rights holders. This gives stimulation for some of the Chinese IPR officials and experts. Opinions or suggestions could be found in the media for making China’s IPR strategy and drafting an IPR Basic Law. No doubt it is the right time to draft a comprehensive IPR strategy when China joined WTO in 2001. The nature of IPR law system lays on the encouraging new creations and increasing welfare of the society. But it is an unbalanced game which is more in favor of the developed and rich countries. For a purpose of entering WTO, China amended her IPR laws and established a set of enforcement organs and kept on training and educating people for the awareness of IPR protection. Several promises were made while foreign critics and complains still exist. As a developing country, people keep on asking what China could do and make the advantages from this IPR law system? Compared with the aim a “nation founded on intellectual property” in Japan, facing many critics and complains on piracy in China, most opinions stress on a complete IPR law system, an effective enforcement of the laws and more well-educated people in IPR field. Yes, they are right, but they are not the key factors in drafting China’s IPR Strategy at the moment. A policy maker should know: Chinese creators should take the first place in IPR laws, it is they should benefit from the laws; IPR laws should give good protection for Chinese enterprises. A good model should be found. It gives a believe that IPR law system has a good function in the development of an enterprise; At the international stage, China should expresses her concern on the protection of traditional knowledge which is a rich resources not only for China but also a beneficiation for the whole world. I.Chinese creators should take the first place in China’s IPR law system Chinese people found the interests in a book and a trade-mark long ago. IPR laws were introduced in China for the first time around in 1900. Since 1949, IPR as a private right was resisted until 1979. It was in the Chinese-Foreign Joint Venture Law, which was passed and implemented in July 1979, that intellectual property was introduced for the first time in the law. Hereafter, the Trademark Law (1982), the Patent Law (March 1984) and the Copyright Law (1990) were passed, and the country saw a comprehensive protection of intellectual property only since then. Some experts and observers noticed that IPR law system is a result of realizing a certain political object, or under some kinds of foreign pressures. Take a look of the articles in the laws, it is hard to deny the shame. For instance, there are too many articles of statuary usage or limitations for authors in China’s copyright law. This seriously discourages the enthusiasm of the Chinese authors, and has a bad influence enforcement of the law. So, for a Chinese policy maker, he/she should know the Chinese creators should take the first place in drafting China’s IPR strategy. Especially after joined WTO, her political object has been achieved, under no pressure, all the draft and amendment of the IPR laws should set the Chinese creators in the first place and give them real, proper and full protection. II.Try to find a good model that Chinese enterprises could develop itself with their own intellectual property rights under present IPR law system. |
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