【作者】 孙宏飞；

【导师】 李晓；

【作者基本信息】 吉林大学 ， 世界经济， 2009， 博士

【摘要】 随着经济全球化与区域化的深入发展,科技革命持续推进,整个世界的政治、经济、文化和生态面貌都发生了巨大而深刻的变化。中国已经取得一定的经济成果,并且其经济地位也已得到西方大国的认可。2008年的世界金融危机,中国已其雄厚的经济实力为依托,维持自身经济增长,从而成为引领世界经济走向复苏的中坚力量,因此从某一角度考虑,已经可与西方经济大国平起平坐。但在成绩背后也要看到,面对变幻莫测的国际环境和国内急速的改革措施,许多不确定因素较以前陡然增多,中国国家经济安全面临着潜在的威胁和空前的复杂挑战。一方面,虽然世界区域经济合作加强,世界多极化趋势明显,经济制度不断完善,但技术的创新速度以及技术的复制速度远远超过相关法律、制度的更新能力。无论传统的经济大国如美国、欧洲和日本,抑或后发经济体如东盟、中国等其经济安全都受到巨大的威胁和挑战。另一方面,中国内部虽然改革力度大,但受传统价值观的影响,其法律意识、维权意识相当淡漠,因此,知识产权对其自身经济安全的影响更超过各方面建设相对成熟的发达国家。本文以国际经济学理论为依托,沿现代经济学的发展脉络,结合新兴知识经济学理论,充分挖掘西方发达国家在知识产权保护方面的经验,深刻反思中国自身经济发展过程中存在的制度性缺陷和观念性的误区,利用历史分析与经验总结的研究方法,发现中国在知识产权方面存在的缺陷和问题,明晰知识产权对中国经济安全的冲击、威胁和影响,进而对中国提出相应政策建议。本文通过对知识产权与国家经济安全的关系、现代世界知识产权制度的形成以及美国和日本的知识产权战略的研究,得出以下的结论:1.知识产权式未来国家间竞争的焦点,也是中国对外关系的一个突出问题。2.必须强化法律保护力度,完善知识产权保护制度,制定相关法律,强化侵权赔偿制度,加大知识产权相关法律人才的培养。3.创建促进知识产权活用的社会流动及管理机制。4.大理培育和发展数字化内容产业。5.通过国家要通过国家知识产权战略的实施,在全社会掀起一场思想观点上的“知识革命”。重新研究认识知识经济时代的知识内涵、知识对经济发展的作用等,提高国民的知识产权意识和重视知识经营的理念,培养适应知识经济时代发展的良好国民心态。更多还原

【Abstract】 National security enters modern social life long ago strongly , becomes a part of, guarantee national security of a lot of countries that cannot cut apart in internal, external policy , is also the modern national most important function. In modern national safe concept, economic factor as foundation, is also central content, economic benefit more and more becomes the most distinct national benefit. The economy of any a country develops present situation and future development ability, first depend on potential and the level of science and technology. The increase and innovation that has no the potential of science and technology can not make defence ability maintain the fixed assets that can not renew basic department on necessary level. Because of intellectual property, is one of measuring a national strength of science and technology most notable mark , possess autonomous intellectual property and the perfect system of intellectual property, the competition ability that also embody the countries economy of science and technology. In the past, some years come , the system of intellectual property in international scope arises significant change, the American, Janpanese and each developed countries of Western Europe, promote patent examination internationalization actively, priority is made it is strategic to vigorously develop homeland economy and the development of intellectual property that strengthens homeland international competition ability , intellectual property has become western major country prepare knowledge system standard and palm Kong the strong weapon of world economic lifeline.From world development tendency, possess quality and the quantity of autonomous intellectual property to utilize level and the ability of the system of intellectual property, as the embodiment of every national science and technology and economic strength, is also the embodiment of countries the country’s comprehensive power and competitive ability. Protective intellectual property is absolutely not simple symbol meaning again, and is peaceful realization rise abruptly the condition that place must have , is a problem that concerns national economic security to most stick out. As the field of science and technology carries out complete reform, fast realization is economic and modern , will not only also still first use advanced ideological substantial economy with the equipment of new technology and modernization,. Must emphasize the consciousness of intellectual property , establish and improve the protective system of intellectual property. So, protect and promote intellectual property , vigorously develop science and technology , is not only the esssential condition that Chinese realization develops peacefully, is also national new period a outstanding problem of economic safe field. This paper aims at being going to study all-sidedly than system, for intellectual property with Chinese national economic safe problem , hope to be able to reach some meaningful conclusions from it, and accordingly have aim at to suggest sexually that the corresponding policy, that has reference value is suggested.This paper is outside except the chapter introduction of 1th , divide into 4 following parts totally: The chapter intellectual property of 2th protects with national economic security, focal point is elaborated for new period the big tendency of the world development of science and technology, as well as intellectual property protect the important meaning that develops for economy. The chapter present world new development of 3th of protective intellectual property and its influence for Chinese national economic security, elaborate the new development that world international intellectual property protects , focal point is analysed World Trade Organization( WTO) put the different view of countries for this agreement to the market < with the trading relevant agreement of intellectual property >( TRIPs) origin , major content with feature, and combine , analyse the influence that this agreement may bring for future Chinese economic security; The chapter Sino-US friction and Chinese national economy of 4th of intellectual property are safe, elaborate China and America mainly in the sphere of intellectual property friction struggle and cooperate , analyse substance and the source of the appearance of these problems. The chapter Janpanese strategy of 5th of intellectual property prepare and implement experience, aim at hoping to get from it some can the experience of capital reference. Japan is first on world prepare the strategic country of intellectual property, raise the strategy of intellectual property to a new altitude. Perfecting and carrying the strategic aspect of intellectual property forward , There can be direct reference for China meaning. The strategic enforcement of intellectual property of the chapter China of 6th with new period national economic security, for Chinese trade, the Chinese strategy of intellectual property that implemented already and been deepening step by step is done as soon as brief comment is stated , and combine new period the Chinese national economic safe major problem that are faced with , for Chinese intellectual property, perfect strategy is made corresponding policy suggestion.China has prepared the national strategic outline of intellectual property, its necessaryness and important meaning need not verbosity. This paper passes through the modern world system of intellectual property and the relation for intellectual property and national economic security form as well as the strategic research of intellectual property of America and Japan, will reach following conclusion:(1)Since coming for a long period to see , intellectual property will be the focus of competition and struggle between future country, is a outstanding problem of Chinese external relation. But, the society that establishes a kind of encouragement knowledge innovation that sums up speech is mechanism and most important. The Chinese national strategic reform of intellectual property that should be first helpful for educational system makes university become the fountainhead of national wisdom and intellectual property really. (2)M ust start with from law, the protective system of perfect intellectual property, include strengthening patent examination system, raise examination efficiency and examination quality; Related to perfect, the protective law of intellectual property develops according to newest science and technology , expand protective scope in time, and increase to enforce the law intensity; Establish the special court of intellectual property, make the dispute handling professionalism of intellectual property, raise tort dispute handling ability and level, raising court the dispute of intellectual property bring a verdict the international position of aspect; Strengthen tort damages system , raise tort compensation volume , construct the protective atmosphere of intellectual property , raise the protective consciousness of intellectual property; The professional talent who increases the related legal aspect of intellectual property trains , focal point includes patent examination people, judge, lawyer and conciliation Yuan etc..(3)Should found the society that uses to promote intellectual property to live to circulate and has mechanism management. Establish the information open system of intellectual property, found use limits of suthority is distinct , is sought use convenient validity patent database and overdue patent database; It is mechanism to establish intellectual property to appraise , prepare the value appraisement standard of intellectual property, promote patent tranfer, standard patent trade, and consider to check on the appraisement machine and related achievement of intellectual property of people that is to fit into related profession, overall encouragement intellectual property creates and transfers; Establish intellectual property trust is melted capital assure wait for related system, high limit land promote circulation, management and the use of intellectual property; Specificly guidance measure, it is strategic to guide enterprise to carry out to pay attention to the operation of intellectual property; Establish technical system of standardization , support vigorously the effort that enterprise strives for to grind ammunition accomplishment international standardization, encourage each side to be engage in actively have the project development that may become international standard and popularize; Train the related talent of the field such as the international standardization and management of intellectual property actively.(4)Should cultivate and develop digitlization content estate vigorously. Should pay attention to develop and raise the related technology of digitlization content estate, pay attention to act on one’s own to grind hair Gou build digital files storehouse place necessary software technical and multi-media technical standard, promote the digitlization of education, culture and artistic field intellectual property to preserve and use , promote cultural property demonstrate technical etc. openly; According to the characteristic of content estate, establish longterm development direction, encourage cultural enterprise bold grope to suit Chinese national conditions and benefit distribution fair, rich competition ability have again the global business that develops field of vision transport make pattern; Pay attention to the combination of traditional cultural educational and high new science and technology. Encourage compatriots depth to excavate historical cultural treasure-house , refine , sublimation traditional ideological and philosophy concept continuously; Encourage traditional cultural merit base deep intellectual to create actively again with multi-media means as traditional culture goes on; Encourage to train to have deep Chinese cultural mastery and the creation type talent who has international field of vision again , create the works that have world influence , from content to form overall raising, China digitlizes the product quality of content estate; Pay attention to publish and sell besides the sea of content industrial product. Set up special organization , open up sea sale abroad to sell channel, establish the government fund sea of financial aid sale abroad is sold enterprise, at the same time, train content industrial product vigorously throughout the country sale abroad sell talent.(5)Raises the "Zhi Shi Ge Ming" on a ideological viewpoint through the enforcement of the national strategy of intellectual property in whole society. The role etc. and that knowledge intension and knowledge develop for economy that studies again to know knowledge economic times raises the national consciousness of intellectual property and the concept that pays attention to knowledge operation , trains the good national phychology that meets knowledge economic times development.更多还原