Social Sciences in China (Chinese Edition)

No.8, 2018

The Basic Orientation of Changes of Intellectual Property Law in China

(Abstract)

Wu Handong

The theory and practice of intellectual property law in China have gone through a process of transplantation, introduction, self-reliance and innovation. In the past 40 years of reform and opening-up, starting from basic national conditions and development needs, China has accurately grasped institutional functions and qualities, shaped legal value objectives, constructed operational mechanisms for the rule of law and development, and proactively carried out institutional transformation and reshaped the legal spirit, thus localizing intellectual property laws. At the same time, China has been active in responding to the issues of pluralism, stage, risk and non-modernity in the development of legal modernization, promoting the development of the knowledge economy through the institutional innovation of intellectual property rights while effectively coping with the issues of diversification, fragmentation and unilaterality in the process of legal integration and participating in the construction of a global governance system for intellectual property. This has provided a new impetus for the international protection of intellectual property. On the basis of the localization of intellectual property law, China has found its own means of modernizing law and its own pathway to the choice of legal integration. Its basic orientation of legal change has rich innovative connotations and a clear practical direction.