【作者】 孙运德；

【导师】 周光辉；

【作者基本信息】 吉林大学 ， 政治学理论， 2008， 博士

【摘要】 知识产权是基于创造性智力成果和工商业标记依法产生的权利,它原本是一项由封建特权转化而来的私权,然而,随着经济全球化和知识经济的发展,知识产权地位得到历史性提升。知识产权日益成为国家经济社会发展的强大动力和根本性保障,成为各国维护国家利益、经济安全的战略资源。从某种程度上说,未来的竞争就是知识产权的竞争。基于此,知识产权保护中的“国家意志”因素日渐凸显,知识产权出现了公权化倾向。在此情况下,如何构建并提高政府知识产权能力就成了一个国家或地区在未来国际竞争中能否取胜的关键。政府知识产权能力是指政府借助于公共权力,通过制定知识产权制度等知识产权公共政策,综合运用经济、行政、法律等多种手段,促进知识产权创造并对其进行管理、保护和运用的能力。政府知识产权能力具有政策导向功能、软环境提供功能、知识产权秩序维护等功能。政府知识产权能力主要是通过知识产权制度等知识产权公共政策的制定和实施来体现的。从我国现实来看,自改革开放以来,尽管我国政府知识产权能力建设取得了巨大的成就,但也存在许多制约因素。在新形势下,要进一步提高政府知识产权能力,不仅要努力构建创新型政府,以适应创新型国家建设和实施国家知识产权战略的需要;完善并实施以国家知识产权战略为核心的知识产权制度,充分发挥知识产权制度的公共政策功能;还要积极构建中国特色知识产权文化,营造良好的知识产权社会氛围。更多还原

【Abstract】 Intellectual property is based on the law produced in the creative and intellectual achievements and industrial marking, It was a transformation from a feudal privileges of private rights. However, with economic globalization and the development of a knowledge-based economy, knowledge-based economic development, international trade knowledge of the growing tendency, the competitive advantage of a country or region has developed from the traditional comparative advantages, competitive advantages for the development into the advantage of the Intellectual property rights in the country or region. To some extent, the future of the competition is the competition of intellectual property rights. For this reason, "national will" in the protection of intellectual property rights is highlighting. From the 1980s, in order to safeguard the interests of the country, maintain national competitiveness and enhance the country in the international community, all countries in the world strengthen the capacity-building in the intellectual property rights. In this case, how to build and enhance the capacity of intellectual property rights has become the key to a country or region in the future international competition.Although the capacity of intellectual property rights is a new concept, however, the practice of the Government’s ability to intellectual property rights is the long-established. Intellectual Property refers to the ability of the Government in promoting the creation of intellectual property rights and its capacity in the management, protection and utilization through the use of public power, and the development of intellectual property rights system, such as intellectual property rights of public policy, the comprehension in the use of economic, administrative and legal means. From the content point of view, the capacity of intellectual property rights includes the ability to create intellectual property rights, intellectual property management, protection of intellectual property rights and the ability to use intellectual property rights; from the point of view level, the capacity-building of intellectual property rights can be divided into intellectual property law to build capacity, the ability to build a harmonious system of intellectual property rights and the concept of building intellectual property rights. The capacity of intellectual property rights has Policy-oriented features, the functions to provide the soft environment and functions to maintain intellectual property rights.Strengthening the capacity-building of intellectual property rights is based on both the theory as well as the reality. In theory, the intangible nature of intellectual property rights can not be decided on a direct way to share control of the rights, but to set up the legal system, that is, the intellectual property system to achieve the rights of control. It is the inherent characteristics of the intellectual property that decides the need for state intervention. From the nature of the evolution of intellectual property rights, intellectual property has always been based on the realities of national development and future development needs of the public policy choices and arrangements. From the need for the reality, globalization provides the necessary precondition in strengthening capacity-building of intellectual property rights for the government. Intellectual property advantage provides a historic opportunity for the capacity-building of intellectual property rights. Narrowing the knowledge gap between the knowledge society and building a harmonious society is urgent in the construction of intellectual property rights for the government.As the subject of cultivating the capability of intellectual property and the provider of the system of intellectual property, the government is required not only to set up the ideal of creativity, but also to develop the political system which is capable of respecting people and inspiring people’s enthusiasm and creativity, and to make effort to construct open and inclusive political culture which is good for people’s creativity. Public policy is the carrier of capacity-building, so the ability of the government mainly reflects through the development and implementation of its policies. The capacity-building of intellectual property rights is embodied by the establishment and implement of public policy of intellectual property rights (IPR system as the main body). As a result, the capacity-building of intellectual property rights has become the core of the intellectual property system in building government capacity.Internationally, the protection of intellectual property rights of international intellectual property system is the distribution of benefits of international mechanisms, mainly through the distribution of such intellectual property protection rules; domestically, reasonable intellectual property system has many functions, such as: promoting innovation, maintaining the balance of interests and safeguarding national policy. Intellectual property culture, as a special cultural area, its value lies not only in its refining and summing up the basis of certain social values, ethics and legal awareness of thinking to provide support for the culture in the implementation of the intellectual property system. More importantly, with the economic culture of intellectual property rights, intellectual property rights culture has become a national power an integral part of the power of a country. The transformation from Intellectual property rights to the power of a country is the result of the implementation of the intellectual property system. As a result, whether the intellectual property system can develop the culture industry and trade of intellectual property rights through the implementation of intellectual property rights to enhance the national strength of intellectual property rights or not, the government will be tested the ability of intellectual property rights.From my point of view the reality, since the reform and opening up, even though our government has made great achievements in building ability of intellectual property rights, but there are a number of constraints. Under the new situation, it is necessary to further enhance the ability of intellectual property rights, not only by building innovation-oriented government in order to adapt to meet the need in building an innovative country and the implementation of the national intellectual property strategy ; by improving the implementation of the national intellectual property strategy which is the core of the intellectual property system ,and giving full play to the public policy of the intellectual property system function; but also by building the culture of intellectual property rights, intellectual property rights with Chinese characteristics to create a good social atmosphere of intellectual property rights.更多还原