Intellectual property is known as patents, copyrights, trademarks and related interests. It undoubtedly plays a key global role in developing science and technologies. Among all the countries America have the most integrated system of IP. Recent years, Intellectual property law has also been put on a high value in China. This essay just gives a comprehensive study over the development of China’s Intellectual property law.
Firstly, this essay will make a general overview of intellectual property law globally. Then the second part is the introduction of China’s Intellectual property law.The advantage as well as the disadvantage is all considered in this part. Finally it will put forward some suggestion for the lighter future of China’s Intellectual property law.
2.0 The general overview of intellectual property law globally With the interactive and comprehensive development of economy, politics, science as well as technology, the intellectual property emerge as the times require in the late19th century. And the concept of intellectual property wasn’t officially recognized until the < The convention Establishing the World Intellectual Property Organization> (WIPO) signed in1967.The late 1980s has seen the extremely rapid development of international legal system about intellectual property law. The TRIPS which was signed in 1993 led the Intellectual property law to an unprecedented depth.
Throughout the whole development history globally, some development trends can not be neglected. a. legal protection of intellectual property is paid increasing attention in every countries’ national strategy. b. the range of legislative protection of intellectual property become increasingly wider including the rights and the oligation. c. the specificity is emphasized in legal protection of intellectual property.
3.0 The introduction of China’s Intellectual property law
Properly speaking, Intellectual property law is a newly-emerging system of law. In recent 30 years, the system of intellectual property has been preliminarily completed. ,, and other relevant laws and regulations have
been enacted. What’s more, the intellectual property is also stipulated in .However, there are still a huge gap between the law and the social reality.
3.1 the advantage of China’s Intellectual property law
a. the huge progress can’t ignored in short 30 years. In recent 30 years, nearly all the legislation related to intellectual property have been enacted, including some relevant laws and regulations, which shows the huge progress made by out government. b. the scope and range of the legislation is wide. stipulate six kinds of intellectual property and relevant protection system of civil law, that is patents, copyrights, trademarks, discovery , invention and other related interests. c. the extent attention of both individuals and government. Not only the government and the legal progress, the individuals also show great enthusiasm on this issue.
They support the legislation and organize the fight against intellectual-property theft.
3.2 the disadvantage of China’s Intellectual property law
a. the tort of intellectual property are still a common phenomenon. The tort of intellectual property in China are still savage. Nearly all sorts of pirated goods exist in the free market in China, which also lead to the fear of America, Japan and other developed countries. b. the administrative power is divorced from the legislation. Though the legislation is gradually completed, the relevant punishment and administrative power is weak. The administrative law enforcement should be strengthened in IPR protection, or the current situation will always fail to be improved.
4.0 feasible suggestion for the development of China’s intellectual property law In according to the current situation of the intellectual-property law ’s development in China, some feasible suggestion are put forward to improve the situation. a. complete the legislation system of intellectual property.
More severe punishment should be enacted in the relevant laws and regulation. The laws will be a dead letter if there aren’t any practical measures. b. enhance the administrative law enforcement of intellectual property. The success of any laws and regulations depends on whether government can offer the administrative power.
Hence, The administrative law enforcement must be strengthened. c. strengthen the public attention to the protection of intellectual property. Individuals should pay more attention to the protection of intellectual property. Refuse to purchase pirated goods and protect intellectual property rights. Most importantly, the awareness must be cultivated by education.
In conclusion, from the brief research on the development of intellectual property law in the world especially in China, different conditions for the course is clear to us. Through this essay, it’s found that a completed legal system of intellectual property law should own the same spirit and the common structure.
This structural system includes the unification of slip law and code, the cooperation of intellectual property law and other department law, the association of judicial construction and administrative construction, which tends to be wide-ranging and comprehensive. It draws the conclusion that the prospect of the development about intellectual property law will be beam though furthermore recommendations should be brought forth to improve the currency.