Intellectual Property Development Transformations in Chinese Societies

Overview

Intellectual property law in this paper includes patent law, trademark law, copyright law, new plant varieties protection law and integrated circuit protection law; This article does not consider any other intellectual property rights without legislation in China.

This paper finds:

• 1.

  The stage of intellectual property development base on legislation time;

• 2.

  The disparity between intellectual property in every stage and its ideal state;

• 3.

  Reasons and background of every intellectual property law.

Social and practical implications:

• 1.

  The legislation of intellectual property law to legislation government department;

• 2.

  Development of intellectual property in China.

Research Purpose And Method

The purpose of this paper is to determine the characteristics of the intellectual property reform stage by analyzing the development of intellectual property law and through the characteristics of the intellectual property reform stage to identify the disparity between intellectual property in every stage and its ideal state.

Reference research method refers to reading of legal documents, and recording index which is according with theoretical system of intellectual property rights with Chinese characteristics.

Systematic research method refers to taking the theoretical system of intellectual property rights with Chinese characteristics as goal, then analyze of the deficiencies in every stage of intellectual property development transformations.

Through the above two kinds of analysis, this article has two significance:

• 1.

  To understand the development stage of intellectual property transformations, especially in the legislative stage of development;

• 2.

  To understand the deficiencies between every stage and entire of intellectual property development transformations and development goal.

Social Function Of Intellectual Property In China

In the socialist society with Chinese characteristics, because of China's intellectual property rights are in the development stage, China's intellectual property rights in the society has the following functions:

First, the basic role of intellectual property rights are in the allocation of resources. After twentieth century, science and technology has gradually become a mainstay of the national economy, science and technology and the application of knowledge plays a decisive role in the development of the society. At present, knowledge and technology product are kinds of rare resource and production factor, only have clear property information knowledge and technology to participate in market transactions, if blindly trading, the value of the products and the degree of scarcity cannot be reflected by the price information. Such as the activities of Microsoft and global intellectual property organizational formations produce difference and sameness in governable ways. Therefore, if the price signal is the indicator of the optimal allocation of resources, then the intellectual property rights is the carrier of the price, and the intellectual property right form the price system and could make it full use of the function (Philip, 2005).

Second, intellectual property is the regulator of personal interests and social interests. In the rapid economic development of modern society, people are mainly based on the social recognition of their products to judge the creativity of designers or creators. The application of intellectual property right is also particularly strict operational process, which can ensure that the designer or inventor of the results of scientific and social benefits, but also means that the acception of its products in society (Penner Mark, 2008).