Journal of Jishou University(Social Sciences Edition) ›› 2023, Vol. 44 ›› Issue (6): 94-102.DOI: 10.13438/j.cnki.jdxb.2023.06.008

• Law • Previous Articles     Next Articles

New Approaches on the Innovation-driven Development and the Construction of Intellectual Property Law

QI Jiangang,ZHANG Shaohu   

  1. (1.Intellectual Property Research Center,Zhongnan University of Economics and Law,Wuhan 430073,China;2.School of Law,Zhongnan University of Economics and Law,Wuhan 430073 China)
  • Online:2023-11-01 Published:2023-11-28

Abstract: The legal system of intellectual property is a basic tool to speed up the implementation of innovation-driven development,because the core content of implementing innovation-driven development is to enhance the independent innovation of science and technology and transform scientific and technological achievements into real productive forces.As the system of intellectual property contains a new property right mechanism,an effective market transaction mechanism and a mechanism to protect the exclusive rights of innovation subjects and market subjects from destruction and infringement,it can provide a guarantee mechanism in the sense of "original power" for innovation-driven development.Speeding up the implementation of innovation-driven development at a higher level has put forward new requirements for scientific and technological innovation.However,the current intellectual property legal system is faced with a series of challenges:the ability of the intellectual property examination and approval system represented by invention patents needs to be improved;the ability of grass-roots administrative law enforcement of intellectual property rights needs to be strengthened;the efficiency of the use of intellectual property rights needs to be improved;and the administrative management and service capacity of intellectual property rights need to be strengthened urgently.In order to give full play to its mission as a basic tool for speeding up the implementation of innovation-driven development,new approaches are needed in the construction of the legal system of intellectual property,that is,we should look at the attribute of intellectual property as "a strategic resource for national development".It is necessary to optimize the intellectual property legal system from the organic integration of promising government,effective market and useful society,and formulate more intellectual property laws and regulations that express national and social public interests.

Key words: innovation-driven development, legal system of intellectual property, scientific and technological innovation

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