Under the background of economic globalization, intellectual property protection in China

Author: Li Xueyong
Publisher:
Publish Date: 2005-09-01
Features: We live in a world of uneven development. The booming economic globalization and knowledge-based economy have exacerbated this imbalance and accelerated the expansion of intellectual property rights globally. Theoretically, any right, including intellectual property rights, has an inherent tendency to expand, and the vigorous promotion by developed countries and multinational corporations has further intensified this expansion. As a developing country, China is inevitably faced with severe challenges. The legislative process cannot avoid this reality. In the past two decades, several legislative high points in intellectual property rights have been closely related to diplomatic struggles. The improvement of China's intellectual property protection standards is both a domestic development need and a result of external influence, which has caused China's intellectual property legislation to advance in certain aspects beyond the relatively lagging social development status. In this book, the author systematically discusses how the continuously expanding international intellectual property protection has surpassed the reality of Chinese society from aspects such as productivity, economic system, legal structure, and cultural and historical traditions. It points out that the international intellectual property protection system is the result of centuries of market economy development, built upon mature market economies, and has been dominated by developed countries, primarily reflecting the productivity development level and interests of developed countries. China's intellectual property protection faces a dilemma. To address this, countermeasures need to be proposed both theoretically and practically.
Theoretically, the author critiques John Locke's labor theory of property from the perspective of jurisprudence, pointing out its circular reasoning and idealist errors. The author argues that Locke's greatest contribution was providing a way to understand intellectual property rights through "labor." However, Locke's theory also has obvious shortcomings. If we analyze rights, including intellectual property rights, from the perspective of real people, their labor, and their needs, we can see that human basic survival conditions—needs—interests—rights form a causal chain. Intellectual property rights are not innate natural rights but rather the result of interest consideration and design, interest struggles, and compromises. Therefore, there is no universal a priori protection model for intellectual property rights. Intellectual property global protectionism should be opposed, allowing different countries to decide their protection methods and levels based on their own development conditions, avoiding the simplistic application of developed countries' protection standards to reshape domestic realities. The author reflects on the relationship between the rationality and public interest of intellectual property rights from a jurisprudential perspective. From the aspects of "conformity to laws" and "conformity to purposes," the author argues that the rationality of intellectual property rights lies in promoting the continuous progress of human science, technology, and culture, as well as the development of productivity, thereby enhancing the level of social public welfare. In the context of economic globalization and knowledge-based economy, intellectual property rights have new characteristics of the era. They not only involve the relationship between rights holders and users within a country but are increasingly affecting the relationship between countries. The intellectual property system is no longer just a tool to protect the interests of rights holders but also a means to pursue national strength and maintain national interests. Therefore, it is important not to overemphasize the "private right" nature of intellectual property rights but to recognize their significance as a national development strategy.
Practically, the author proposes implementing an active defense intellectual property strategy, arguing that China should elevate intellectual property issues to the level of national strategy and seek a positive and steady, rather than radical, path for intellectual property development. Overall, intellectual property protection should adopt a "low standard." Here, "low standard" refers to the minimum protection standard stipulated in the international conventions China has joined. This strategy can be called a defensive strategy, determined by China's current overall national strategy and comprehensive national strength. However, this defense is not passive but active, requiring more proactive participation in the formulation of international rules and proposing intellectual property policies that reflect China's interests in favorable fields and at favorable times, avoiding the old path of passively responding. Currently, the main issue China needs to address in intellectual property protection is not legislation but enforcement. It is not advisable to raise protection standards in legislation but necessary to strengthen enforcement and ensure that the fundamental things stipulated in existing regulations are properly implemented.